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FAIR JUSTICE by Barry
Chamish
Jerusalem District Court File No. 108/98 Eskin vs.State of Israel The defendant Avigdor Eskin - "I have worked for the Shabak." After a week's delay releasing the verdict of Eskin's suit against me, my attorney Dov Eben-Or intervened and the verdict, as well as the court protocols, were sent to him. He phoned me. "No wonder you lost. How could you say you deliberately published an accusation against him?" "I didn't. I testified that after seven years, I had no idea if the 'offending paragraph' was written for the site or whether the editor picked it off the internet." "It says in the protocols that you did know and that you deliberately chose to offend him." Allow me to quote from the previous article: On May 25, one Avigdor Eskin took me to court demanding compensation for my writing that he was a "known Shabak provocateur." I viewed the trial as nothing but a nuisance because Eskin's claims were so stupid. Quoting a nearly seven year old paragraph which appeared in an obscure American web site with no Israeli readers, this liar claimed that he was damaged. And it only took him seven years to feel the pain. My attorney, Dov Eben-Or wrote my defence argument and quoted Israeli law which puts the onus of responsibility on the publisher in such cases, not the writer. So what did Judge Chaim Lakhovitzky do? He changed the law. In an incredibly long-winded ruling, he declared that because the Internet is based on forwarded messages, web site owners cannot be responsible for damages the way a newspaper is by law. From now on in Israel, writers who post on the Internet are liable for any message they write. I raced to Dov's office to see the protocols. They made incredible reading. They were not merely wrong, they recorded the exact opposite of what I actually testified to. Not only did I testify that I could not know if I sent the 'offending paragraph' to the obscure web site, I took special pains to stress that I owned no web site, thus I did not publish on the internet, I merely write on it. The protocols changed my testimony drastically, having me admit to publishing on the internet. No wonder it took a week to release the verdict. The time was needed to rewrite the court records to make the ruling fit the law. But I had an advantage. A friend sat with me at the trial and was a witness to the forged protocols. Dov spoke to her and she agreed to sign a declaration that the court protocols had nothing to do with my testimony. Time was tight. The Hebrew Book Fair had just begun, and I would be manning a booth for the next nine working days. Dov wrote a request to the court to cancel the verdict based on the false records of the trial. I had two days to notarize my witness' statement and submit it to the Jerusalem court. Until I did, he would fax the court his appeal draft to prove it was in process. Two days later, I rushed my witness to a lawyer's office, then to the court to submit her declaration. When we got there, guess what? Based on Dov's fax, Judge Lakhovitzky had already ruled on his appeal. He declared that the court recorder had made the errors and he was not responsible for her misrecording of the proceedings. Thus, the appeal was rejected. Everyone complains about the slow pace of Israeli justice. Horror stories abound of people waiting ten years or more for a ruling on their case. Not me. I get a ruling overnight, BEFORE the declaration of the witness is submitted to the court. Dov was flabbergasted. Not only does the ruling precede the submission of the appeal, but, "This judge admits the protocols are wrong. In that case, he has to rule for mistrial. But worse, he's lying. He dictates the ruling to the recorder and watches the transcript on a screen. I've never seen such an illegal ruling." I leave the courthouse with my witness, in utter despair. I am a victim of trial fixing and I don't want to pursue an appeal. It would just be more money lost trying to fight a thoroughly rigged legal system. The Book Fair This year the Jerusalem Hebrew Book Fair is special. I have two new products to push hard. My new English language DVD called, The Deadly War Against The Settlers, has just been released, but even more important, the Hebrew edition of my newest book, Shabtai Tzvi, Labor Zionism And The Holocaust is also released on the opening day of the fair. This is a vital test. Within is a scathing indictment of the politicians plotting against the Jews of Gush Katif and Yesha. There is not much time to get that message heard widely. But the Mersel family helps me out. They gave me a thousand shekels to give the book to soldiers as gifts, hoping they will reconsider any actions against fellow Jews they may be ordered to undertake. Dozens of soldiers of every rank and unit accept the books with gusto and promise to share them with their compatriots in the IDF. Just as good...The book's first week is a huge success, with 200 sold. Only one other book at the fair may have outsold it and that would be: Boomerang, which was published in Hebrew last week. The authors, left-wing commentators Raviv Drucker and Ofer Shelach, reveal how Sharon came to make the decision to withdraw from Gaza and Northern Samaria. According to the two writers, Sharons basic impetus for adopting the radical left-wing planthat had been overwhelmingly rejected by the voters in the January 2003 elections [but treacherously approved by the Knesset in October 2004]was his desire to avoid indictment for his role in corruption scandals for which he and his sons Gilad and Omri were under police investigation. The fact that I reported the same thing a year before, of course, will go unacknowledged. I knew the strategy of diversion first hand from the experience of trying to expose the truth of the Rabin murder, and coming too close to breaking through. In October, 1999, the Rabin family began a public campaign to have the assassination reinvestigated. The issue was number one in the news. That ended when PM Ehud Barak announced his decision to withdraw from the Golan Heights. >From that point on, the Rabin family's voice was muted and hundreds of thousands of Israelis expended millions of working hours organizing and attending protests against the Golan withdrawal. Our leaders, in order to save their corrupt skins, will exploit and terrify the people without conscience. They will, in the name of criminal coverup, put Israelis through deep agony over their future, threaten the homes and livelihoods of anyone who gets in their way, and thoroughly waste their time and energy for no reason. Eventually, when the Rabin family demands for a new investigation were but a distant memory, so too was Barak's Golan withdrawal plan. That should only be the story of Gush Katif and Northern Samaria. As is the case at all of these annual book fairs, I meet the general public and inevitably, people pass on invaluable information and contacts to me. This year was no exception. A young man was nearly drafted to be a government snitch and told me how the recruiting is going on. "Someone claiming to be from the Prime Minister's office called me, and offered me a great job paying 3000 shekels a week. I'm sixteen with no job skills, so I knew the offer was suspicious." A water engineer, Jacob Wolfowicz, presented me his findings on the proposed plan to raze Gush Katif and build high-rise housing for a million people. The sewage would flow untreated up the Israeli coastline, and force the abandonment of all beaches and adjacent housing. But the best information of all came from a legal source. On the first evening, he told me, "You can beat this Eskin in court. He has admitted to being a Shabak agent in court. In 1998 he went on trial for burning down Peace Now's headquarters in Jerusalem. He got off the arson charge in part by testifying that he had worked for the Shabak. He told the court that he had worked for the Shabak but things didn't work out well with them. Get the court protocols. The file number is 108/98, registered at the Jerusalem regional court." The file number was right on the money. The next evening, the man returned. "The trial continued in the summer of '99. In that session, Eskin reiterated his Shabak ties." This information also checked out. Dov has submitted an appeal to rehear my trial based on relevant new evidence. The protocols of both sessions have been requested from the court. Knowing Israel's justice system as I am learning it now, I assume they will arrive tampered with, and the damning testimony will be removed. Still, it was fair try. end All reports of an American troop presence in Israel are now confirmed. Not far from Petach Tikveh, near Rantis Junction, a huge American based has been recently established, capable of holding 18,000 American soldiers, or 1000 soldiers and 17,000 Gush Katif protesters. On the 22nd of June, these protesters were all set to block the country's roads by the thousands. But an unusually deadly train crash forced postponement, two hours before the blockages were set to begin. I dismissed correspondence that suggested the crash was for this purpose...Still, look at one fact that is very bothersome: http://www.haaretzdaily.com/hasen/spages/591248.html According to the source, the fact that Israel Railways stations a special spotter in the area to warn truck drivers of approaching trains further substantiates the assumption that drivers approaching the crossing need a longer warning time than facilitated by the field of vision. The central questions currently facing the investigation teams are as follows: 1. Did the truck get stuck on the tracks due to a technical fault or human error? 2. Was the truck overloaded? 3. Why did Israel Railways station a spotter in the area to warn drivers of approaching trains after receiving reports on the dangers at the crossing, but then released the man from his shift at 3:30 P.M.? New York Giants running back Tiki Barber is coming to Israel on a "peace" mission, sponsored by the Peres Peace Center. Please write the Giants, tell them who Peres is, including his record of murders, and threaten to stop support of the club if the visit takes place. All the time spent on appeals to overturn the atrocious trial I just reported on is very costly to me. Thank G-d for the wonderful, generous readers who sent donations to keep the fight up. I wouldn't have without you!! It's the best thanks I can offer for now. I'll do better someday. www.barrychamish.com Complete archives at http://www.sitbot.net/ Please let us stay on topic and be civil. OM YAHOO! GROUPS LINKS
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