High Court freezes extension for acting state prosecutor

Decision comes following petition by group of lawyers who argued that the post should be filled by next justice minister and not outgoing Netanyahu ally; court also issues temporary stay on appointing interim replacement

Yael Freidson, Gilad Morag|
Acting State Prosecutor Dan Eldad will end his term in office Friday after the High Court on Thursday issued an injunction against extending his tenure, following a petition by a group of lawyers.
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  • The court also issued a temporary stay on appointing an interim replacement and ruled the government must respond to the petition against Eldad within two weeks.
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    Outgoing Acting State Prosecutor Dan Eldad
    Outgoing Acting State Prosecutor Dan Eldad
    Outgoing Acting State Prosecutor Dan Eldad
    The ruling comes in response to a petition by 10 lawyers against the extension of Eldad's term by Justice Minister Amir Ohana on the grounds that the latter was appointed as a caretaker minister and is coming to the end of his own term in the post.
    In their petition, the group of attorneys said that given the fact that Prime Minister Benjamin Netanyahu is about to go on trial for bribery, fraud, and breach of trust, it is inappropriate for a political appointee whose job depends on the prime minister and his close ally in the Justice Ministry to hold the post.
    "Under these unusual circumstances, the new state prosecutor must be determined according to regulations and once a new minister of justice has been appointed," the petitioners said.
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    אמיר אוחנה
    אמיר אוחנה
    Outgoing Justice Minister Amir Ohana
    (Photo: Ohad Zwigenberg)
    The petitioners also said that an extension of Eldad's tenure was unreasonable considering his rocky relationship with Attorney General Avichai Mandelblit.
    Eldad's tenure sparked an unprecedented crisis in the Justice Ministry and Mandelblit last week wrote to the head of the Civil Service Commission, Daniel Hershkowitz, asking that the acting state prosecutor be removed from the post.
    Mandelblit, who originally opposed the appointment, wrote in his opinion to the court that Eldad was unsuited to the position.
    "A clash of values was revealed during Eldad's tenure that leaves no doubt in my mind that he is the wrong man for the job," Mandelblit wrote to Hershkowitz.
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    אביחי מנדלבליט
    אביחי מנדלבליט
    Attorney General Avichai Mandelblit
    (Photo: Dana Kopel)
    According to the attorney general, Eldad from him kept vital professional information despite being instructed to be forthcoming.
    Mandelblit also referred to the close political ties between Eldad and Ohana.
    "He gave me partial and often false information when asked a direct question regarding his discussions with the minister," Mandelblit said.
    Eldad said in response that he had been looking into allegations of impropriety by Mandelblit after a unnamed journalist provided him with certain information and that his subsequent investigation caused concern.
    "I have reported my findings to the State Comptroller's office and have asked for further investigations to be conducted," Eldad said.
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