The Supreme Court on Monday, 9 Kislev 5775 began hearing the appeals from the defendants in the Holyland real estate case. The most prominent defendant is former Prime Minister Ehud Olmert. Other defendants include Hillel Chaney, former Jerusalem Mayor Uri Lupoliansky, Uri Sheetrit, Avigdor Kelner, Danny Dankner, Eli Simchayof, and Meir Rabin.

Olmert and the co-defendants were sentenced to prison following the district court conviction. The Supreme Court ruled the defendants may remain pending the outcome of their appeals and they are not compelled to begin serving their prison terms.

For the defendants, this appeal is their last stop, their hope to be spared serving prison sentences and having the convictions overturned. The appeal was filed on behalf of eight of ten of the defendants including both Olmert, Lupoliansky, Simchayof, Rabin, Dankner, Sheetrit and Chaney. The defendants maintain District Court Justice David Rosen was unusually harsh in his sentencing since the case is based on the sole testimony of one state witness, Shmuel Dechner, who died before completing his testimony.

They will tell the court their legal representatives lacked sufficient time to question and cross examine Dechner prior to his death, leaving their clients at a disadvantage.

Lupoliansky will explain the 2.5 million shekels that he ‘received’ were not taken by him at all, but given to the nationwide Yad Sarah charity which he founded. The remaining funds were given to a yeshiva headed by his son, making the point that he did not seek to line with pockets with illegal funds at any time. His attorney, Yair Golan, will explain to the High Court that he never took any money for himself and therefore, the six-year jail term is excessive since the donations to the organizations were legitimate. Golan will explain that Lupoliansky sincerely believed the donations were ‘kosher’ and that accepting money on behalf of tzedaka organization did not represent breaking the law and therefore he should not be guilty of accepting bribes.

Golan will add that Yad Sarah has become a national agency and a quasi-official state agency and therefore the money was given to the society for the betterment of all.

Olmert’s attorney will emphasize it remains unclear if he was aware of the bribery funds as was stipulated in the district court.

(YWN – Israel Desk, Jerusalem)