Advisor Tzachi Liber Convicted in Submarine Affair Bribery Case

The Tel Aviv District Court convicted Tzachi Liber, a communication and strategy advisor, on Monday for serious offenses in the "Submarine Affair" (Case 3000). These include mediating bribery, money laundering, and assisting in the preparation of false account books. Judge Shmuel Melamed ruled that Liber acted as a conduit for transferring a total of NIS 93,900 in bribes from Mickey Ganon, the representative of ThyssenKrupp in Israel, to David Shar'an. Shar'an held public servant positions including secretary of the Israel Port Development and Investment Company (Kadim), a candidate for a role in the Prime Minister's office, and head of the Prime Minister's Bureau and Chief of Staff.

According to the court's findings, Ganon made two payments to companies controlled by Liber and his partner, N.Z.T. Communications and Ness Mor Holdings. The first payment of NIS 35,400 was made in November 2014, and the second, NIS 58,500, in August 2016. The court completely rejected Liber's defense that the funds were for legitimate communication and strategy consulting services, such as work on the ammonia tender and offset procurement. The court determined this was "fictitious work" and a sham contract, with the money actually used for bribery, allowing Ganon to register expenses under the guise of false tax invoices.

The court also addressed Liber's claims of duress and improper methods used by police during his confessions. Judge Melamed dismissed all these arguments, accepting Liber's police confessions, particularly one from September 5, 2017. The judge found Liber acted with discretion and self-control, and his confession was voluntary after consulting with his lawyer and being explicitly informed that no benefits were guaranteed.

Furthermore, the court based its conviction on the original statements made by state witness Mickey Ganon during his police investigation, applying the "Pligin De'vara" rule despite Ganon's later retraction. Judge Melamed stated Ganon's police statements were supported by substantial evidence, including physical evidence like the "Consultants Table," financial and secretarial workbooks, and communication and cellular data, which corroborated the bribe route and refuted claims of genuine services provided by Liber. The court also affirmed Shar'an's status as a public servant throughout the relevant period, including his roles at Kadim, as a candidate for the Prime Minister's office, and as an active public servant until September 2016.

Finally, Judge Melamed noted that splitting the indictment into separate charges for each payment was artificial, as it constituted a single, ongoing factual event. Consequently, Liber was convicted of the continuous offense of mediating bribery, along with money laundering and aiding in the preparation of false account books under the Income Tax Ordinance.