Katsav´s lawyer requests to submit new evidence (JERUSALEM POST) By JOANNA PARASZCZUK 02/23/12)
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Lawyers for former president Moshe Katsav filed a request to the
Supreme Court on Thursday, asking to be allowed to present two pieces
of further evidence to be shown in an additional hearing.
The former president is currently serving a seven year prison
sentence after being unanimously convicted in the Tel Aviv District
Court in 2010 of two counts of rape, two counts of sexual harassment,
an indecent act using force, and obstruction of justice.
According to Katsav´s defense attorney, Yoram Sheftel, two pieces of
additional evidence show that Katsav was telling the truth regarding
his whereabouts before, during and after the time that Aleph from the
Tourism Ministry claims the former president first raped her in Tel
Aviv´s Textile House in April 1998.
The first rape charge for which the former president was convicted is
alleged to have occurred immediately after an event for Persian Jews
in the Ramat Gan National Park on April 19th, 1998. Aleph testified
that Katsav went with her from that event to his office in the
Textile House in Tel Aviv and raped her there.
In his testimony before the Tel Aviv District Court, Katsav said that
he was surrounded by Shin Bet security guards at the event, and that
at the time of the alleged rape he had been in a car without Aleph,
driving his mother home from the event to Kiryat Malachi.
The District Court, however, ruled that Katsav had lied both about
the security guards and his mother´s presence at the event.
Sheftel said the additional evidence he wants the Supreme Court to
see includes a video recording that shows Katsav was with a personal
security guard from the Shin Bet during the event in Ramat Gan. The
second piece of evidence is a photograph taken during that event that
Sheftel says proves that Katsav´s mother was present, as the former
president testified in his trial.
Sheftel told the Post on Thursday that after the event, Katsav and
his mother got into his car, and they drove off without Aleph, since
cellphone tracking from that day shows that there had been phone
calls at that time between Katsav and Aleph.
"The key is in the cellphone tracking," Sheftel said, adding that if
Aleph had been in the car, she and Katsav would not have needed to
speak on the phone.
Katsav testified that he left in his car with his mother at 5 p.m.
that night, whereas according to the court ruling Aleph testified
that she "maintained eye contact with [Katsav], left the event with
him and she didn´t think he left the event and then returned to it
"Therefore, according to this scenario, it is highly improbable that
[Katsav] left in his car with his mother, who was over 70, and with
Aleph, then stopped so he could carry out a rape in Beit Hatextil,
and afterward returned with the victim to his car, where his mother
was waiting, and then the whole group went somewhere else to bring
Aleph to her car - as she didn´t know where she parked - so she could
drive back to her home in Jerusalem," the request to the court said.
Sheftel said the new evidence shows that Katsav´s testimony was
credible, and should be taken in conjunction with evidence from the
Shin Bet, who testified regarding the security provided to the former
In November, after the Supreme Court rejected Katsav´s appeal against
his conviction and sentence, his defense team asked to be allowed
extra time to file a request a further appeal hearing, saying that
after studying the ruling, they believed there were grounds for
In Thursday´s request to file the two pieces of evidence, Sheftel
said that another hearing was appropriate.
"The video tape shows unequivocally, contrary to the judgments - that
[Katsav] was with a personal security guard during the event, exactly
as he said in his testimony," the request to the Supreme Court
says. "Indeed, the honorable court has given its ruling in the
appeal, but a request for a further hearing is pending. Therefore,
the appeal ruling is not peremptory."
Katsav´s son, Ariel, said on Thursday the hour-long videotape was
taken from the archives of the Central Organization of Iranian
Immigrants in Israel. (© 1995-2011, The Jerusalem Post 02/23/12)
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