"The forces are lopsided," Moshe Mizrahi, 57,
asserts. "Take the Katsav case, look at the machinery that was activated
there. Take the Ramon case, which consists of just one kiss, look at the
tremendous machinery that was brought into play against the law-enforcement
system, against the woman who filed the complaint. A steamroller of forces.
"People talk about equality before the law. What
equality? We have to be even stricter with public figures, because of their
capabilities in the past few decades. It's not what Buzaglo [the "ordinary
citizen"] has, and anyway he kicked the bucket long ago. Now his body has
been violated publicly in this plea bargain. Great God."
The plea bargain that Attorney General Menachem Mazuz struck
with former president Moshe Katsav made it clear to Mizrahi that above a
certain level, power erases guilt. "As a former member of the system, it
shocked me. A well-known lawyer once told me that my problem was that I see
things in black and white. I answered him that the bigger the gray areas in our
ugly reality become, the harder it is to survive as a normative person,
certainly within such a system.
"So do you see the advantage of black-and-white? When
you stand on that line, and you are determined, you also have the courage to
send these cases to be tested in court, even if there is a small chance that
the outcome will be different from what you want. You have to open the public's
eyes to these ugly and disgusting images, which we lived with for years. But
for that you need courage. If there is no courage, you close the case." Do
you think the heads of the law-enforcement system lack courage?
"Yes, I think so. There is a process of serious and
constant erosion in the system. I can quote you from even senior attorneys in the
State Prosecutor's Office: 'I would run from this case with everything I've
got.' Those are cases that I call 'career buriers.'"
The message trickles down
Moshe Mizrahi probably knows better than any other cop which
cases are career buriers. After all, his career as head of the Investigations
Department came up against a wall in the wake of the investigation of cabinet
minister Avigdor Lieberman, concurrent with Mizrahi's handling of the various
investigations into Ariel Sharon, who was prime minister at the time, and his
sons. The politicians had every reason to get rid of him, while the judicial
system, led then by attorney general (now Supreme Court Justice) Elyakim
Rubinstein and his successor, were eager to sacrifice him.
Even before all that, as head of the Serious and
International Crimes Unit (SICU), Mizrahi headed up highly complex corruption
investigations, nailing convictions against the Russian-Jewish businessman
Grigory Lerner for bribery and fraud, and against Jacob and Ofer Nimrodi, the
owners of the daily Ma'ariv, for wiretapping and obstructing justice. After
being removed as head of the Investigations Department and sent into internal
exile with an appointment as chief of the Community and Civil Guard Department,
Mizrahi had plenty of time to observe developments from the side, and found
himself becoming seriously worried.
"Look at the Benizri case," he says, referring to
the indictment of Knesset Member and former minister Shlomo Benizri, from the
Shas party. "Look how long he was interrogated and how long the file lay
in the office of the prosecution before an indictment was filed. Check out how
long the file of Reuven Gross - known as 'the king of the Tel Aviv parking
lots' - lay around. And in the end they send an attorney and a half, and maybe
a quarter of one who's clerking, against a powerful battery from a law office
of 70 people, along with a pile of PR people."
With its manpower and budgets, is the Israel Police capable
of coping with white-collar corruption?
"No. The investigative units are no match for the
corruption. People don't understand that. In the period when there were really
a lot of cases, which units spearheaded the investigations? SICU, whose main
task was to deal with chiefs of organized crime from the former Soviet Union,
had a staff of 140, and the National Fraud Unit had 120 people. That is a joke.
And then come all those hallucinatory complaints by people sitting on the
mountain top who say 'They are wasting resources on persecuting public figures
and corruption instead of going after the small-time crooks.' Tell me, are they
totally nuts? Good God. Do they have any idea what a huge front this is and how
many things lie on the shelf for years, without anyone touching them?"
Maybe the politicians are right and the number of
investigations is exaggerated? Ehud Olmert, and Sharon before him, said the
investigations make it very hard for them to do their job.
"That is a foolish allegation. The fact that people who
are under investigation keep reaching such positions is a public malfunction
caused by the fact that the court and the attorneys general are always
submitting things to the 'public test.' The public sees the message that
trickles down from these systems."
Begging to be tried
Mizrahi was removed from his post as head of the
Investigations Branch three years ago by Gideon Ezra, who was then the public
security minister, with the backing of Attorney General Menachem Mazuz. This
followed a report drawn up by Mazuz's forerunner, Rubinstein, that attacked the
performance of SICU when it was headed by Mizrahi. Rubinstein was critical of
the wiretapping methods used against Avigdor Lieberman, MK Michael Gorlovsky
and businessman David Appel, among others. According to Rubinstein,
conversations that had no concrete connection to the investigations under way
were also being transcribed. Rubinstein's decision to recommend Mizrahi's
removal without any judicial process, criminal or disciplinary, split the
public prosecution into two camps.
The state prosecutor at the time, Edna Arbel (also now a
Supreme Court justice), along with the former head of the criminal department
in the state prosecution, Nava Ben Or, and the chief prosecutor of the Southern
District, Iska Leibowitz, defended Mizrahi with all their might. They described
him as a courageous officer who was fearlessly battling corruption. The dispute
revolved mainly around the wiretapping of Lieberman at the end of the 1990s,
when the politician was taking a break from public life, and entered business
on an international scale. The SICU, suspecting that he had ties with Russian
organized crime, engaged in a covert investigation of his activities.
During the investigation, Lieberman fiercely attacked
Mizrahi, suggesting, for example, that he be awarded a prize for being the
"darling of the anti-Semites." His assault, unprecedented in its
virulence, would continue until Mizrahi's departure and would be joined by
other public figures and suspects.
In early 2002, it emerged that during the investigation
against Lieberman, a clever mole was working in Mizrahi's unit. The man, a
junior policeman named Stanislav Yazhemsky, took all the tapes from the
wiretaps of Lieberman, Appel, businessman Mikhail Chernoy and others, and fled
to Canada. Some of the transcripts he stole, carefully selected, found their
way to the press.
According to Mizrahi, the timing of the publication was not
coincidental. Ten days before the release of the transcripts, he says, he received
a written request from the head of the National Fraud Squad, Miri Golan, to
summon Lieberman to an open interrogation - "and while the request was on
my desk, the wiretapping [transcripts] started to appear."
The publication generated a furor. Mizrahi himself asked
Rubinstein to investigate the allegations of irregular wiretapping. "And
why did I do that?" Mizrahi recalled this week. "Because, to remind
you, when the transcripts were published, you had a minister [Lieberman] and a
prime minister [Sharon], both of whom were under investigation, and they
started to ask questions about the wiretapping and the investigations in
cabinet meetings. [It's like the] Third World. Third World. I thought I was
hallucinating, seeing the cabinet deal with this. It was an ugly junction in
the history of the people of Israel.
"It is only in very particular countries that people
under investigation deal with those inquiries in cabinet meetings and submit
official questions. And the public security minister then transmits the
questions [to the police] for responses. Unbelievable. When that happened,
there was tremendous pressure from outside; I understood the attorney general,
so I volunteered [to be investigated], because we stopped functioning. I saw
that the pressure was having results. Did I know what I was getting into?"
The head of the Investigations Branch was himself
investigated. The Police Investigations Department (PID), which conducted the
inquiry, recommend that Rubinstein place Mizrahi on disciplinary trial. The
head of the PID at the time, Eran Shendar, who is today state prosecutor,
recommended granting immunity to Yazhemsky, to the consternation of Edna Arbel
and her colleagues. They wanted to know who was behind the theft of thousands
of wiretapping tapes and transcripts. Rubinstein gave Yazhemsky immunity from
prosecution and showed Mizrahi the door.
"Any orderly system would have rejected outright a move
to grant a criminal policeman immunity. He stole not only the Lieberman
wiretaps but the wiretaps of all our greatest adversaries," Mizrahi says.
"Even before we supposedly issued illegal orders, the man was at work
copying from the first transcript!"
In the final report, Rubinstein set Mizrahi a honey trap: He
found that there was not enough evidence to place him on either criminal or
disciplinary trial, but recommended that he be removed from his post.
"Before the report was published," Mizrahi says, "I sent my
lawyer to get down on her knees in front of the attorney general - even though
she opposed that with all her might - and beg him to place me on disciplinary
trial and not to issue a report with that bottom line, which didn't allow me to
defend myself in any way. There was also passion and militancy here,
disproportionate to what befits an attorney general. Out of a passion for
revenge - I can describe it in no other way - he dumped a 70-page public report
on my head, with all the details, which, by the way, infringed upon the privacy
of a great many people and also affected police intelligence. I was in
shock."
In the subtext of his report, Rubinstein implies that you
collected material on politicians for extraneous reasons.
"That is in fact more or less the spirit of the thing,
even if it was not written in the report. And even though Rubinstein noted over
and over in the report that everything was done in good faith and to advance a
difficult, complicated investigation. Now, that is pretty stupid. I didn't keep
the material in my pocket. Everyone thinks I took it home. It was in the unit,
in a safe, as material to be worked with, and it was later taken to the Fraud
Unit for the investigation, with Rubinstein's knowledge.
"You know, the investigation of Lieberman and of
others, like Appel, was into their political activities - into the use of
politics as corrupting and corrupt. That is what we investigated and those were
the grounds [for wiretapping] we cited in court. We declared that in court
fully."
Rubinstein claimed you transcribed intimate conversations
and that an intrusive surveillance was kept of Lieberman's meetings .
"Yes, that was convenient in order to give the report
heft. And I say to you here, publicly: Not a single intimate conversation was
transcribed from the wiretapping of Lieberman. Period. I don't know what made
Rubinstein's hair stand on end, but it stood on end for other reasons, which
had nothing to do with me and nothing to do with the wiretapping of Lieberman.
Second, when Rubinstein came to the [Knesset] Constitution, Law and Justice
Committee to explain the report, he was silent. The MKs turned it into a whole
pornographic thing and talked about supposed intimate photographs and intimate
surveillance. It was all without any foundation: There was no intimate
surveillance. There was surveillance of Lieberman, and that included everyone
who met with him. And if people were badly and unnecessarily hurt, including
Lieberman himself, that is due to the unbridled publication of 70 detailed
pages. If there had really been something to it, I should have been placed on
criminal trial without even a minute's delay."
Still, the High Court of Justice backed Rubinstein's
decision.
"It's forgotten that the petition was against the
attorney general for not placing me on criminal or disciplinary trial, and the
High Court accepted that in full and backed him in that first of all. Regarding
Justice Eliyahu Mazza's question as to whether there had not been prima facie
negligence in carrying out the task, the fact is that before the report
appeared we demanded that the attorney general place me on disciplinary trial
and give me a proper platform to defend myself, but he refused. He apparently
had very good reasons for that."
Season of the moles
There are worrying similarities between the Nimrodi and
Lieberman affairs. In both of them, suspects collaborated with moles in units
that you commanded. Someone told me that "Just for that, Mizrahi had to
go."
"Maybe he is right, in quotation marks. In my first year
in SICU, I understood what we were up against: people who could buy my unit
with small change, powerful, influential people, some of whom could channel you
forward or backward. Go cope with people like that. Together with the head of
the Investigations Branch at the time, Sando Mazor, I initiated a meeting with
a senior Shin Bet [security service] man with the thought of doing security
screening and setting up strict tests for the unit's staff. My people weren't
eager for that and the Shin Bet didn't want to expand its testing."
Is it the wretched salary that motivated the appearance of
moles in the top police units?
"I don't know - our pay isn't as bad as in the
republics of the former Soviet Union, where there is no doubt that a direct
link exists between the substandard pay and the corruption. But there are very
worrisome signs here, because there is more and more of it, even at the very
sensitive junctions. Look who we were dealing with. Nimrodi was ready to pay a
witness $600,000 to testify on his behalf. For a tape he paid $400,000, and
another $68,000 for VAT. When I took Lerner off the plane, he had in his
suitcase a billion dollars in securities made out to the bearer."
The politicians say the police make excessive use of
wiretaps. Israel has the same amount of wiretapping as Britain, whose
population is 10 times larger.
"That's nonsense. I think that statistic is being used
improperly. Besides, if our government would act like the government of Tony
Blair did, and instead of making whining speeches to us (such as Sharon's talk
to the top police brass while he was under investigation) would allocate us
thousands of policemen, etc., then maybe we could use less drastic means. How
do you go after someone like Lerner, who walks around with two suitcases of
satellite phones and also makes his local calls via satellite from within a
house with a wall around it, and calls in experts who formerly worked in our
institutions to check whether he is being bugged twice a week? If you don't
offer an alternative that will minimize the need to make use of such drastic
means, don't be surprised that we rely on them. The police today don't even
have the ability to protect witnesses, in cases when there are witnesses. So
how do you make comparisons with a country like Britain?"
The police have had suspicions of Lieberman for nearly 10
years, but with one minor exception, no criminal procedure against the man has
been implemented. There is something distorted here, don't you agree?
"I was in the Knesset recently as a civilian, and an MK
asked me, rightly, that same question, because on the surface it looks like the
police are out to get Lieberman. I replied that when serious, complex and
extensive intelligence material is accumulated by the police, it has to be
examined. Take Ze'ev Rosenstein [a major drug trafficker, now serving a prison
sentence in Israel after conviction in a U.S. court] - not that I am saying
that Lieberman is Rosenstein, heaven forbid, but I am drawing a parallel. Do
you know the last time Rosenstein was in jail? It was many years ago, and it
was only recently that the investigative process against him was completed.
Still, over those long years, the Israel Police listed him as its number-one
target. The man was arrested and interrogated dozens of times, but I didn't
hear that this bothered the MK, or you. No one asked why so many years had
passed since the police caught Rosenstein, yet he was still listed as target
number one."
We deserve Gaydamak
It was Gideon Ezra, the public security minister at the
time, and Menachem Mazuz, the new attorney general, who implemented
Rubinstein's recommendation to oust Mizrahi. The police commissioner, Shlomo
Aharonishki held a hearing for Mizrahi and recommended to the public security
minister, Tzahi Hanegbi, that he not remove Mizrahi, but rather that he make do
with a notation in his personal file. Hanegbi was inclined to accept the
recommendation but then had to resign, because of the police investigation
(which developed into a trial, still under way) of suspicions he made political
appointments when serving in a previous ministerial post. (He was succeeded by
Ezra.)
According to Mizrahi, Mazuz acted vigorously to dump him,
telling the new commissioner, Moshe Karadi, that Mizrahi had to go and that he
would not defend the government in the case of a possible High Court petition
against a decision to keep him on.
"When I read that Mazuz said in the Katsav case that
the hearing procedure is substantive and not merely a technicality, I say, Mr.
Mazuz, if it is substantive, I went through that substantive procedure for two
long months with the police commissioner, who decided [against removing me]. So
why didn't you respect that substantive procedure instead of intervening
without my knowledge behind the scenes?"
Shortly after Gideon Ezra took over as public security
minister, he asked Mizrahi to meet him one evening in a police station. Ezra
took a folded note out of his pocket, unfolded it, and read out a statement
removing Mizrahi as head of the Investigations Branch. "I said, 'Tell me,
do you believe this with all your heart? Is this really you? We know each other
from before,'" Mizrahi recalls. "Gideon Ezra replied positively and
immediately added, 'But the attorney general is with me on this.' I said, 'I
understand everything.'"
His last three years in uniform, Mizrahi spent in the
Community and Civil Guard Department, far from the spotlight.
It's a little funny to move to that department from
Investigations, no?
Not at all. I took matters in hand, and believe me when I
tell you that it was a pleasure to spend my final days in the system working
there. Community policing is a flagship the police force has been talking about
for 20 years now, without being able to successfully get it launched."
Now, at age 57, Mizrahi finds himself retired and spending
long hours with his 1-year-old daughter, whose name is - hold onto your seats -
Tohar ("purity").
Even after Mizrahi was made head of the community policing
department, the attacks on him did not cease. Testifying before the commission
that investigated the events during the evacuation of the settlement of Amona,
Ezra called him "an emissary of the left" who leaks information to
the media. Mizrahi said nothing.
Today, Mizrahi says that he doesn't blame Ezra. "I
blame whoever in my estimation pushed him to do it. A week before that, there
was an interview with the incoming head of Investigations Branch, Yohanan
Danino. He was asked a lot of tough questions, and throughout the interview
Danino seemed to be taking aim at me. I assume that even before the piece was
published he ran to Ezra, whining. It's a habit, you know, to be tied to apron
strings. So Danino ran and the minister went ape. There was no reason for that
attack. You can say I leak things, say what you want, fine. But where did the
leftist stuff come from? What does it have to do with being leftist?"
Mizrahi still fumes at the allegations of politicization,
especially when they come from Ezra, who immediately after Mizrahi's removal
rushed proudly to tell the Likud Central Committee what he had wrought.
"That is one of the more dangerous allegations I identified," Mizrahi
says, "as though [the law-enforcement system] is pressuring one side of
the political map. The Likud Central Committee, which gave Ezra an ovation,
seemed to identify the law- enforcement system, or Mizrahi, as the enemy. That
is a hallucinatory, nutty and dangerous way of thought. If it's true, we might
as well close down, because it really is the Third World.
"But that is dumb, because where do you find
corruption? You find it in those who are the hub of decision-making, those who
hold the reins, who can make things change and return favors. The Likud was in
power for many years, and now you find that those who left the Likud for Kadima
and are in power are now the subjects of investigation. Do you see the Likud
members who are in the opposition being investigated for corruption?"
The investigations against Lieberman, Lerner's conviction
and Mizrahi's investigation of the tycoon Mikhail Chernoy led to violent verbal
attacks on Mizrahi from MKs who claimed he was forcing Russian capital out of
the country. "The oligarchs did not interest us as such. We were
interested in oligarchs linked to crime or who headed crime syndicates. When
people claimed we were stigmatizing Russian businessmen and forcing them out, I
would always reply, 'Go to the minister, or to the person himself, and ask him
about these names. I want him to say sincerely that they are [just]
businessmen.' They never came back with a response."
Mizrahi says that during his period as head of the
Investigations Branch one would never have seen Arcadi Gaydamak, another
so-called oligarch, driving through the streets of Jerusalem in an open car
alongside the city's mayor.
What do you think of the Gaydamak phenomenon?
"I think we have it coming to us. To say that I enjoy
it? No way. But in our present reality, we deserve it, apparently, and in a big
way."
The Greek Island disgrace
Mizrahi encountered current Investigations Branch chief
Yohanan Danino and Attorney General Mazuz, the two officials who are supposed
to be the key players in the war against public corruption, in the "Greek
Island" affair, in which Ariel Sharon was suspected of having taken a
bribe from businessman David Appel. Mizrahi was still head of Investigations,
Danino was head of SICU, Mazuz had just been appointed attorney general.
One meeting in Mazuz's office about the case has still not
been deleted from Mizrahi's hard disk, mainly because of Danino's behavior.
"It was the first formal meeting about the case with the new attorney
general," Mizrahi recalls. "Danino and I were there with the
investigative team and the senior prosecution attorneys. Mazuz asked Danino for
a chronological survey of the affair, and wonder of wonders, his first words,
which I heard directly for the first time in my life, were that there is no
evidence in this case. I fell off my chair! That came out of the blue.
"Mazuz said, I asked for a chronology, not a eulogy.
Mazuz only wanted to hear about a time frame, but Danino couldn't even stammer
that properly. Everyone there was flabbergasted. I barked at him for saying
that. It was totally hallucinatory, because we had never expressed an opinion
until then, not he and not I, about the evidence in the case; our part took the
form of discussions with the prosecution and bringing evidence and analyzing it
there. In connection with that occasion, everyone can go take a polygraph. Well,
in the long run, you can't say that this approach did not serve certain
people."
You will agree with me that the Greek Island investigation
was conducted poorly.
"I can agree that it was not our finest hour."
You were head of Investigations, so why wasn't there a more
intensive investigation? Is it your failure?
"'Failure' is a far-reaching word. I admit that I had a
serious problem. I was under investigation at the same time by the PID, which
also questioned SICU personnel. It was hard for me to control the investigation
tightly, to do what I always did when I saw that things weren't being done
properly - to take it over myself, and we would finish in a month what would
take months.... To my great regret, I wasn't able to behave like that, other
than one time, when I had to use it as a threat so the investigation would be
conducted properly and in the time required."
Mizrahi has little good to say about Danino, the current
Investigations chief, or about Attorney General Mazuz, who always looks for the
smoking gun and the sure-fire conviction: "In a [press] interview after my
removal, Mazuz was asked how he could have lent a hand to my ouster. He
replied, 'Look there are many who say that in his period corruption increased
incalculably. If corruption increases during my term I will see that as a
failure, even if I have done everything to fight it.'
"When I read that," Mizrahi continues, "I
said to myself that the man apparently doesn't understand what corruption is.
With corruption there are no complainants, no victims, no witnesses, or if
there are, they throw themselves on the fence and take the rap instead of their
bosses. There are no smoking guns in these cases. The days when people stuffed
envelopes filled with money into the pockets of public officials are long past.
Today there are other tricks, the favors received are different and they cross
borders. Look at all the affairs of the past decade and more: You will see
Israel Police Tours, because you have to travel to the ends of the earth to
wrap up the investigation. It's not easy."
In the end, Mazuz accepted Danino's position and closed the
case against Sharon for lack of evidence.
"When the legal opinion was published, you needed to
pour a lot of bleach into the investigative material for the report to come out
like that. Anyone who is familiar with the material would not have been able to
identify it in the attorney general's report. The attorney general, for
example, quotes a witness who says that Gilad Sharon [Ariel Sharon's son] was
given the job [by David Appel] because of his talent. But if you read the
continuation of the witness' sentence, you find that he adds that the whole
matter of the contract with Appel was absurd in terms of the size of the
payment. I ask Mazuz: Why don't you go two more lines down? Why doesn't he give
that to the public? Where is the whole picture, which truly appalled us? So if
they closed the case, well and good, and I certainly don't have the status to
object to that. But the way they closed it is a milestone in the history of the
law-enforcement system."
Was there any special difficulty in questioning the Sharon
family?
"Definitely. That is a period that I am happy has
passed. There was interference in all kinds of places, unlike the past. There
was always interference, but not like that. Not with such force. Those were the
days of the Likud Central Committee - the public elections of the political
appointees. There was a kind of Byzantine court, very small and closed, that
influenced almost every aspect of our lives. That is not proper in a democracy
and it had an effect that I hope we will not have to endure again for many
years."
Are you against the decision by the justice minister to
allow former MK Naomi Blumenthal - whose case you handled - to do public
service instead of going to jail?
"She committed very serious offenses - the favors to
the activists, the attempts to obstruct the investigation, the denial - but she
learned from bigger experts. Why blame her? The public now says: She fell
victim of her folly. They caught the patsy and the smart guys escape and go
elsewhere. That must not be a calculation in the final weighing of the
seriousness of the events, because in that case we will never have deterrence.
At the same time, when you look at the personal circumstances, and when I look
at her, at that unfortunate woman, who used her own money to do it and all
kinds of associations and donors with interests from the right and from the
left, the feeling is that justice will be better served if she does not serve
time but does public service, like [Haim] Ramon."
But then Omri Sharon [Ariel Sharon's other son, who has been
convicted of illegally raising campaign funds] will say: My father is hovering
between life and death, so let me off, too.
"That's a different kettle of fish. There is no
connection between that affair, even slightly, and the Naomi Blumenthal case. I
am talking about the intensity of it in the case of Sharon, the systematic
nature, the amounts, where the money came from, the falsifications and the
checks, this grocery store way of managing things. Do you think it was for no
reason that they wanted a plea bargain in that case?