Netanyahu Trial: Prosecution Demands Defense Witness List Ahead of Time

The trial of Prime Minister Benjamin Netanyahu resumed Sunday in Jerusalem's District Court after a summer recess, immediately marked by a dispute between the defense and prosecution over the disclosure of defense witnesses. The court requested precise time estimates for the defense's case and the names of planned witnesses to expedite proceedings. The defense team, however, wants to provide this information only to the judges in a one-sided session, excluding prosecution representatives, to avoid revealing their legal strategy and witness list.

Prosecutor Alon Gildin argued that without knowing the witnesses, it's impossible to accurately estimate the time needed for cross-examinations. "I don't know how Your Honor can estimate the times and how long a cross-examination will take. I need to know how long a cross-examination will take," he stated. Netanyahu's lawyer, Amit Haddad, assured the court that the defense has no intention of using a one-sided session for substantive discussions without the prosecution present, questioning the basis of the prosecution's concern.

Judge Oded Shaham acknowledged the prosecution's apprehension, stating, "They have a concern, I can understand." Prosecutor Yehudit Tirosh added that even a discussion solely about timelines could devolve into substantive matters, and surprising the prosecution with witnesses could hinder their preparation for cross-examinations.

Conversely, Jacques Chen, a lawyer for co-defendant Shaul Elovitch, criticized the prosecution's demand, arguing it undermines the procedural advantage granted to the defense by law. "The only advantage the defendants have is that they don't have to present their witnesses to the prosecution," Chen asserted, calling it a "reversal of roles."

This dispute occurs as the court intends to significantly accelerate the trial's pace. Starting October 4, hearings are scheduled for five days a week, Sunday through Thursday, from 9 AM to 4 PM. The defense teams oppose this schedule, deeming it professionally and practically impossible, with Haddad previously comparing such a schedule to the Eichmann trial.

The trial is currently in the defense's evidence phase, following the prosecution's conclusion of its witnesses and Netanyahu's own testimony. Minister Ze'ev Elkin is expected to continue his testimony in Case 2000 on Monday, and Superintendent Shimon Sharvit is slated to testify in Case 4000 later in the week. The court is also mindful of the judges' tenure, with the presiding judge, Rivka Friedman-Feldman, set to retire in March 2028, further emphasizing the need to advance the proceedings.