Prospective witness protection chief concealed prior conviction
Fmr. IPS Commissioner Eli Gabizon's appointment to head witness protection program suspended following discovery of prior building law convictions Gabizon had not divulged; judge presiding over case convicted Gabizon, saying 'Public servants expected to obey law'; Gabizon previously appointed to head IPS, disqualified following allegations of impropriety with subordinates.
Former Israel Prison Service Commissioner Eli Gabizon, recently selected by a Ministry of Public Security selection committee to head Israel's witness protection program, did not divulge prior convictions on violating Planning and Building Law to the committee.
The Ministry of Public Security said Thursday the committee—chaired by State Attorney Shay Nitzan—will examine the matter and make a decision accordingly. Gabizon himself said in response that when he was interviewed by the committee, he was not asked on the matter.
'Public servants are expected to obey the law'
Gabizon was cautioned due to the above offenses in 2014, but the "failure was not rectified", the court said. The first session reviewing the case was set for February of this year following several postponements.
The attorney for Gabizon and his wife claimed the couple should not have been served a criminal indictment. The prosecutor, the Netanya municipality, sought to convict Gabizon as it was a significant, massive construction addition. "Public servants are expected to obey the law, doubly so senior law enforcement officials," the municipality said.
Despite the probation service recommending against indicting Gabizon, judge Eli Brand decided otherwise. In his verdict, Brand quoted a district court's ruling and noted, "Harming the defendants' livelihood or professional advancement is not a means to escaping conviction."
As for previous positions in the civil service for which Gabizon nominated himself, judge Brand wrote, "It would have been appropriate to make stringent demands on compliance with the law from a person wishing to head one of Israel's law enforcement authorities."
Speaking on the probation service's recommendation, Brand wrote, "The case deals with a person whose position is not merely a career path but also a mission of public service, with the defendant being second in command to one authority and wishing to lead another. The societal message against committing the offenses, then, carries enormous weight."
Concluding his verdict, Brand wrote, "I have examined the offenses attributed to the defendants, their identity and profession, their conduct in committing the offenses, their failure to rectify the situation over a prolonged period of time and their failure to realize the gravity of their actions. In light of the above, I do not believe the conditions of this case merit punishment without conviction. I therefore hereby convict the defendants of the wrongdoing specified in the indictment, by their own admission."
Gabizon responded to the conviction, saying, "I indeed built a pergola and closed off the parking area. I demolished the building addition before the judge's decision."
On the selection committee for the role of witness protection program chief, Gabizon said, "I submitted all of the relevant forms to the committee in 2016. I was not asked (about the conviction) in a recent interview, and I didn't consider it worth mentioning."
Disqualification from serving as Israel Prison Service chief
This was not Gabizon's first brush with disqualification from serving in a senior public position. Six years ago, he was the intended new head of the Israel Prison Service. Then Minister of Public Security Minister Yitzhak Aharonovich selected him for the position, but announced Gabizon will not be appointed one day before he was to accede to the role.
The reason for the disqualification was anonymous letters Aharonovich received that described Gabizon's conduct within the Prison Service, alleging he had been in a relationship with one subordinate and provided benefits to another.
Following the allegations, Gabizon was asked to respond to the claims before the ministry's comptroller. While a decision was initially made to appoint him, after consultation with then Attorney General Yehuda Weinstein it was decided to request the committee on senior civil service appointment—chaired by judge Jacob Turkel—examine the case.
The committee had Gabizon take a polygraph test, in which he was found to be lying. In light of the revelations, Aharonovich ended up aborting Gabizon's appointment.
The witness protection program has been without a head for almost a year, despite its importance in combating organization crime.
