Court rejects David Appel’s request to quash indictment

Appel claimed he had been prejudged by the media, the wiretapping was unacceptable, he had the right to a speedy trial, and the prosecution was selective and discriminatory.

The Tel Aviv Magistrates Court today rejected David Appel’s request to quash the indictment against him. Appel requested the dismissal of the indictment on four grounds: judgement by the media, through massive negative publicity that accompanied the indictment; the way in which the wiretapping was managed and implemented, which he claims was unacceptable behavior by the authorities; the right to speedy trial; and selective enforcement and improper discrimination, because the prosecutors chose to indict him, but not others parties involved.

A panel comprising Judge Mordechai Peled, Judge Daniel Beeri, and Judge Gilya Ravid said in their ruling that, following a thorough examination of the material submitted to the court by Appel, the explicit responses by the prosecution, and on the basis of test cases from relevant rulings, they concluded that there were no grounds that could justify the defendant’s claims.

The judges therefore dismissed Appel’s request to quash the indictment. They said they saw no reason to provide detailed arguments for their decision, so as not to be required at this stage of the hearing to include factual claims that they might have to decide during later stages of the criminal proceedings. The judges said these arguments would be made if necessary, and as needed for the verdict.

The judges earlier rejected Appel’s request for the judges to again postponement their ruling so that he could review additional investigative material, which if introduced would lend weight to his ability to conduct a defense.

Published by Globes [online], Israel business news - www.globes.co.il - on March 21, 2006

© Copyright of Globes Publisher Itonut (1983) Ltd. 2006

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