Court: Alleged spy didn't pass secrets on to hostile groups
By Zvi Harel
Ha'aretz Legal Correspondent
The charges of passing information to hostile groups will be dropped from retired Brigadier General Yitzhak Yaakov's indictment, the president of the Tel Aviv District Court, Judge Uri Goren, ruled yesterday. Yaakov is accused of aggravated espionage with intent to harm the security of the state. Goren also ordered the State Prosecution to draft a new indictment by Monday, which will omit details that could harm state security.
Judge Goren also said that if the court does not receive the new indictment by Monday, it will be left to the court to decide for itself which topics may be publicized and which are too sensitive for publication.
Yaakov, who served as the head of special weapons development for the IDF between 1963 and 1973, was arrested by investigators from the Defense Ministry and police on March 28. His arrest only came to light a month later, as a result of a report in The Sunday Times, which was carried by Ha'aretz and Army Radio.
Goren's decision came during yesterday's discussion on two aspects of the suspected espionage case: Yaakov's demand that the indictment be published in its entirety and prosecuting attorney Devora Chen's request that the suspect be held until the end of court proceedings against him.
The suspect, who recently underwent bypass surgery, criticized the treatment he is currently receiving at the prison clinic. "I get an edema in my legs and they tell me it is not important. I have almost no control over my hands. I cannot write. The prosecution dictates to me when I can be examined. This is unacceptable. We're talking about a living human being who has not yet been found guilty and who in the meantime is being tortured in prison."
Yaakov's attorney, Yehoshua Reznick, reiterated his opinion that the state's decision to publish only parts of the original indictment against his client was unfair.
"There is no reason whatsoever not to publish the [entire] affair, even the way the state sees it," said Reznick. He added that publicizing only part of the details had caused rumors and further suspicions to spread about his client. "It is the suspect's right that the public know what exactly it is that he is being blamed for," said Reznick.
Reznick is attempting to secure bail for Yaakov, and claims that his release would not endanger state security. In addition, Yaakov's medical condition warrants his immediate release, said the defense attorney, quoting from an expert medical opinion prepared by a cardiologist.
Goren adjourned the hearing for one week to allow the prosecution to prepare for the cross-examination of the cardiologist and to appoint its own doctor - or one agreed on by both sides - to examine Yaakov.
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