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Former president Moshe Katsav. (AP Archives)
Last update - 11:58 26/02/2008
High Court upholds Katsav sex crimes plea bargain
By Tomer Zarchin, Haaretz Correspondent, Haaretz Service and News Agencies
Tags: katsav, plea bargain, israel 

The High Court of Justice on Tuesday upheld the plea bargain signed with former president Moshe Katsav over alleged sex crimes, which dropped all rape charges against Katsav.

A five-justice panel headed by Supreme Court President Dorit Beinisch, rejected six petitions against the deal, paving the way for Katsav not to serve any jail time.

The majority opinion found that, despite these faults, the petitions against the deal should be rejected because the court did not have sufficient reason to interfere with Mazuz's decision.
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According to justices Ayala Procaccia and Asher Grunis, Mazuz's decision to opt for the plea bargain was a reasonable judgment that he made based on evidentiary considerations.

The minority opinion proffered by justices Beinisch and Edmond Levy called for the plea deal to be overturned and for the attorney general to reconsider trying Katsav for on rape charges involving former Tourism Ministry employee A, as well as charges involving former President's Residence employee L.'s allegations that he kissed her neck and hugged her.

Beinisch and Levy found that the plea bargain completely contradicts the public interest, and therefore requires the court to intervene.

Levy was highly critical of Mazuz, saying, "In a case such as the one before us, involving such a senior public figure, accused of such serious crimes, the need to seek the truth is especially strong."

"The expectation is that the legal proceeding will [contribute] as much as possible to understanding the facts, and the plea bargain that was reached presents a real obstacle to this possibility," said Levy. "The same deal even thwarts the objectives of criminal enforcement. There is a serious concern that at the end of the day there will be nothing left but a faint echo of the actions that Katsav accepted responsibility for committing."

Justice Eliezer Rivlin, who supported the majority opinion, also had harsh words for Mazuz.

"Mazuz put the cart before the horse," he said. "He put firm statements before a complete examination of the facts, of the evidence, and of other relevant considerations, and improperly carried out the proceedings regarding the hearing."

Women's groups slam court ruling on Katsav plea

Women's rights and good-governance groups, bolstered by a public outcry, had petitioned the court to overturn the agreement shortly after it was announced eight months ago.

"This is a sad day," said Yifat Matzner, an attorney for a women's rights group that appealed the plea bargain.

Kinneret Barashi, a lawyer for one of the women who accused Katsav of rape, said she was very much infuriated by the court's refusal to overturn the deal.

"If the attorney general's decision was wrong, deficient, riddled with shortcomings, distorts reality, causes many people emotional upheaval and leaves a woman's body defenseless, then I think it would have been proper to intervene in such a vile plea bargain," she said.

But Katzav's lawyers hailed the ruling. "President Katzav was accused of the most serious crimes: two rapes here, another rape there, and was presented ... as a serial sexual offender," attorney Avigdor Feldman told reporters, calling the final charges a tiny, shriveled-up indictment.

"Someone owes the president a deep apology," Feldman said.

The petitions were filed in response to Mazuz's decision in June 2007 to sign a plea bargain with Katsav that eliminated the two counts of rape that had appeared in the draft indictment. It also eliminated several other charges that had appeared in the draft indictment, including two counts of forcible indecent assault, and one of sexual intercourse while exploiting an employer-employee relationship.

The plea bargain includes only minor sexual offenses - one count of indecent assault involving pressure and one of sexual harassment - and would give Katsav a suspended sentence rather than actual jail time.

Mazuz decided on the plea bargain after Katsav's lawyers convinced him during a hearing that much of the evidence would not stand up in court - especially that related to the complaint filed by A., who worked for Katsav at the President's Residence. Such hearings are standard practice before indictments against senior public officials are finalized.

In addition, Katsav's attorneys presented new evidence at this hearing which also contributed to Mazuz's change of heart, according to the brief he filed in response to the petitions.

In the end, all charges related to A. from the President's Residence were dropped. The plea bargain accuses Katsav of hugging and stroking another former employee, also known as A., who worked for him while he served as tourism minister, and kissing her on the mouth, as well as the accusations involving L. Katsav has confessed to these acts, but insists that they were merely friendly gestures, not sexual overtures.

Related articles:
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  • Shendar: Public misled on Katsav plea bargain
  • Source: High Court shouldn't cancel Katsav plea bargain
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      1.   The conclusion... 09:32  |  Esther 26/02/08
      2.   Unbelievable!!! 09:38  |  tg 26/02/08
      3.   Question 09:58  |  Clickfool 26/02/08
      4.   Another sex pervert gets away with his crime. 10:04  |  Disgusted 26/02/08
      5.   What a surprise! 10:19  |  SJ 26/02/08
      6.   # 2 UNBELIEVABLE, OF COURSE, IF YOU REFUSE TO SEE THE TRUTH 10:33  |  Mohamed Malleck 26/02/08
      7.   Katzav reply to 3 10:34  |  John 26/02/08
      8.   Everybody agrees with Clickfool! 11:07  |  S 26/02/08
      9.   Esther: Who exactly pays? 11:13  |  sh 26/02/08
      10.   Feldman, the Cynic 12:31  |  Michael 26/02/08
      11.   #6 - Mohamed, the big fool. 12:49  |  Ofir 26/02/08
      12.   too bad... 13:07  |  yehuda 26/02/08
      13.   Katsav 13:21  |  A.Nijland 26/02/08
      14.   #8 13:32  |  ka 26/02/08
      15.   A MOCKERY OF JUSTICE. 13:48  |  petra 26/02/08
      16.   Katzav`s appeal 14:12  |  Eli 26/02/08
      17.   Mountain out of a molehill 14:54  |  Haimke Anonymous 26/02/08
      18.   Tg, Esther,Clickfool,Disgusted,SJ - You are all Disgraceful 16:03  |  S Judah 26/02/08
      19.   When will Katsav sue the girls for "defamation`"..?! 16:09  |  Esther 26/02/08
      20.   #11 OFIR -- Offer of yet another chance to be lucid 16:57  |  Mohamed Malleck 26/02/08
      21.   To those who Judge Katzav 16:58  |  John 26/02/08
      22.   Esther #19 18:07  |  S 26/02/08
      23.   #20 - To my dear friend Mohamed 22:43  |  Ofir 26/02/08
      24.   High Court upholds Katsav sex crimes plea bargain 03:33  |  Virginia 27/02/08
      25.   Ofir 06:45  |  To #24 Virginia 27/02/08
      26.   old boys network ? 08:02  |  Bill 27/02/08
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