A three-judge panel in the High Court Monday rejected a petition by lawyers for suspended President Moshe Katzav to gain access to restricted material prior to a hearing on whether to indict him.
The attorneys are seeking access to all the case materials concerning the investigation against the President prior to a hearing next month on the charges of rape and various other sexual offenses, corruption and breach of trust.
The attorneys claimed that President Katzav is entitled to special privileges due to his high position. “An exception should be made in this unprecedented case, whose implications are the resignation of the President of the State and the filing of an indictment against him,” claimed Attorney Avigdor Feldman.
The government attorney argued, however, that the President has no greater rights to evidence prior to an indictment hearing than any other Israeli who faces criminal proceedings.
We object to the argument that the usual rules should not apply.
“We object to the argument that the usual rules should not apply,” said government Attorney Dina Zilber. The three-justice panel agreed, ruling “the right to view investigative material takes effect once an indictment is filed,” and not before – even for the President.
President Katzav will have an opportunity to present his defense at the hearing before the Attorney General makes his decision on whether to go ahead with an indictment.
Regardless, the Knesset House Committee voted 11-4 to grant the President an extension of his suspension until the end of his term in July although condemning his decision not to resign. The decision not to resign is advantageous to the President in that he is allowed to continue to draw his salary for the duration of the suspension.
President Katzav escaped having to face impeachment proceedings in the Knesset plenum after the Knesset House Committee voted 7-4 against the motion, with 2 abstentions. Impeachment requires the approval of 19 of the 25 committee members.
The attorneys are seeking access to all the case materials concerning the investigation against the President prior to a hearing next month on the charges of rape and various other sexual offenses, corruption and breach of trust.
The attorneys claimed that President Katzav is entitled to special privileges due to his high position. “An exception should be made in this unprecedented case, whose implications are the resignation of the President of the State and the filing of an indictment against him,” claimed Attorney Avigdor Feldman.
The government attorney argued, however, that the President has no greater rights to evidence prior to an indictment hearing than any other Israeli who faces criminal proceedings.
We object to the argument that the usual rules should not apply.
“We object to the argument that the usual rules should not apply,” said government Attorney Dina Zilber. The three-justice panel agreed, ruling “the right to view investigative material takes effect once an indictment is filed,” and not before – even for the President.
President Katzav will have an opportunity to present his defense at the hearing before the Attorney General makes his decision on whether to go ahead with an indictment.
Regardless, the Knesset House Committee voted 11-4 to grant the President an extension of his suspension until the end of his term in July although condemning his decision not to resign. The decision not to resign is advantageous to the President in that he is allowed to continue to draw his salary for the duration of the suspension.
President Katzav escaped having to face impeachment proceedings in the Knesset plenum after the Knesset House Committee voted 7-4 against the motion, with 2 abstentions. Impeachment requires the approval of 19 of the 25 committee members.