Photo: Marc Israel Sellem / POOL
The Ombudsman for Public Prosecutions on the State Attorney’s Office, retired Judge David Rosen, decided to dismiss the complaints filed against Adv. Liat Ben-Ari, the State Attorney’s Office, for construction violations she allegedly committed while purchasing a family property.
The complaint against Ben-Ari, who serves as the chief prosecutor in the Netanyahu trial, was filed by Adv. Aviad Wisoli, who claimed, among other things, a conflict of interest and improper connections between Ben-Ari and Yigal Yanai, a member of Atofot Afek (Rosh HaAyin Hadasha) and the “Spirit of the Living” organization. Where, according to him, members are Adv. Ben-Ari and her husband.
This is an association that won a tender for the lease of plots owned by the Development Authority, for the construction of 29 housing units in Rosh HaAyin.
In the complaint, Wisoli claimed that Yanai was suspected of accepting a bribe from a contractor, in a case in which Adv. Ben-Ari was the attorney general responsible for its management, and in this matter the State Attorney’s Office held a hearing in 2019, before filing an indictment against him for accepting bribes.
On the other hand, Adv. Ben-Ari’s application for a building permit regarding the property she owns involves approval from the Development Authority, as the landowner, and in fact, Yanai’s approval.
In addition, it was argued that the Development Authority under the management of Yanai will also have to decide what the current rate of lease fees is, which Adv. Ben-Ari must pay due to the splitting of the unit and the change of the building permit.
A supplementary complaint alleges that Hanoch Oz, a member of the city council and the local planning and construction committee in Rosh HaAyin, said in personal conversations that Yanai called him two months ago and pressured him to approve Adv. Ben-Ari’s requested split in her home, and that he knew Shinai was pressuring a chairman. The committee, Mr. Yishai Edward, Deputy Mayor and Deputy Mayor of Rosh HaAyin, to approve Adv. Ben-Ari the requested split.
According to Wisoli, if Adv. Ben-Ari had revealed the truth regarding the tender, the association, its ties with Yanai and the violations of the Planning and Construction Law by her, she would not have been appointed to her position.
The Commissioner rejected the complaint, stating that “all of Yanai’s cases described in your complaint were never handled by her. The Jerusalem District Attorney’s Office (criminal) discussed all of the above, and in any case Adv. Ben-Ari was not required to do so, and certainly had no involvement. And / or influence that is in those. “
According to him, “Adv. Ben-Ari emphasized that she has no acquaintance and connection with Yanai. “Adv. Ben-Ari has never been and is not a member of the association mentioned in your complaint, and in any case was not involved in anything related to its management.”
“Here, please, your serious complaints against Adv. Ben-Ari depend on restraint, which do not rest on a real factual basis,” Rosen noted.
The retired judge added, “In connection with this, I will add and note that in the absence of any present facts and / or support, it cannot be shredded that Adv. Ben-Ari made a false statement in the conflict of interest agreement she signed. Other allegations raised in your complaint concerned the actions of Yanai, officials in the Rosh HaAyin municipality and members of Adv. Ben-Ari’s family. Your complaint and I reject it. “
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