Judge Benny Sagi was set to deliver the verdict regarding a suspect in the submarine and naval vessels affair, which concerns two deals with a German conglomerate for the acquisition of submarines and missile boats to defend the natural gas fields off Israel's coast
Chen Maanit, Haaretz, 7/1/2026
Amos Harel, Josh Breiner, Yael Freidson and Meirav
Arlosoroff contributed to this report.
The death of an Israeli district judge in a motorcycle
accident earlier this week may delay the legal proceedings in the 2016
submarine and naval vessels affair.
According to information obtained by Haaretz, Be'er
Sheva District Court President, Judge Benny Sagi, was scheduled to announce his
verdict on February 26 in a case connected to the affair.
In the case, media consultant Tzachi Lieber is accused
of mediating bribes between Michael Ganor, who was the representative of the
German industrial engineering company ThyssenKrupp in Israel, and David Sharan,
who served as the head of Prime Minister Netanyahu's bureau.
Judge Benny Sagi. Photo Tomer Appelbaum
Lieber has denied all charges against him.
The submarine and
naval vessels affair concerns two deals with
ThyssenKrupp: one for the acquisition of two submarines, and one for the
purchase of missile boats to defend Israel's natural gas fields off the coast.
Netanyahu also wanted to include anti-submarine ships in the deal, but defense
officials opposed this idea, which was shelved.
The main allegation against the prime minister was
that he pushed to buy additional submarines for the navy despite defense
officials' objections. Netanyahu, former Mossad chief Yossi Cohen and former
Defense Minister Moshe Ya'alon were not questioned under caution in "Case
3000," which investigated the affair.
Lieber's case was separated from the main trial of
Sharan and Ganor, which is being held at the Tel Aviv District Court. The
prosecution had been waiting for Lieber's trial – ongoing since May 2021 – to
conclude before calling him to testify in the trial of Ganor and Sharan.
In most cases, a defendant does not testify against
another defendant in the same case to rule out a conflict of interest, seeing
as a defendant might try to incriminate an accomplice in exchange for leniency.
Michael Ganor in court, in 2019. Photo Moti Milrod
Beyond its impact on the submarine affair, Sagi's death just before the verdict raises a complex dilemma regarding how Lieber's
trial should proceed and be brought to a conclusion. Section 233 of the
Criminal Procedure Law addresses situations where a judge is unable to complete
a criminal case.
The section states that when "evidence has been
heard and, for any reason, the judge is unable to complete the trial, another
judge may continue the trial from the stage reached by his predecessor, and
may, after allowing the parties to present their arguments on the matter, treat
the evidence collected by his predecessor as if he had collected it himself, or
may choose to rehear any or all of the evidence."
However, there is no known precedent for a judge dying
or becoming unable to continue with a case at such a late stage, just as he was
preparing to deliver a verdict.
The dilemma now facing the system is complex. On one
hand, allowing a new judge to deliver a verdict based solely on the protocols
and evidence submitted is problematic, as a criminal verdict should be based on
the judge's direct impression of the witnesses and the defendant, and their
credibility.
On the other hand, having another judge rehear the
witnesses, or some of them, is also problematic and would mean the case would
drag on for years. As mentioned, this would also delay Lieber's required
testimony in the main case against Sharan and Ganor.
Apart from this trial, Sagi was presiding over several
other ongoing cases, which will now be transferred to other judges.
Supreme Court President Isaac Amit (in tie, right) and
Justice Minister Yariv Levin (in tie, left) at Be'er Sheva District Court
President Benny Sagi's funeral, Tuesday. Photo Tomer Appelbaum
Overall, Sagi's death has left the Be'er Sheva
District Court in a difficult position. Sagi, who was appointed as district
president only two years ago, was an outstanding administrator and a respected
and well-liked judge, leaving a significant void behind.
Six judges in the court are set to retire in the
coming year. The paralysis Justice
Minister Yariv Levin imposed
on the Judicial Appointments Committee, combined with Sagi's death, have left
the Be'er Sheva District Court in dire straits.
The justice minister and court administration will
have to quickly find a replacement for Sagi, but Levin continues to boycott his
counterpart, and without communication between them, this will be a complex
task.
Lieber's attorney, Liran Zilberman, said he is
"deeply saddened and pained by the death of the honorable Judge Sagi. The
manner in which the case against Lieber will proceed is not up to us, and we
will await the court's decision on this matter before determining our next
steps."
The prosecution said, "Further proceedings
regarding Lieber will be determined by the court in accordance with the
law," adding that he is not expected to testify in the submarine affair
trial in the near future, "and in any case, there is no obstacle to
hearing his testimony."
Netanyahu climbs out after a visit inside the Rahav, the fifth submarine in the fleet, after it arrived at the Haifa port, in 2016. Photo Baz Ratner / Reuters
