The state prosecution in the criminal trial cases of Prime Minister Benjamin Netanyahu opposed allowing his defense attorney, Amit Hadad, to consult with him, in a Wednesday opinion.
The issue specifically concerns consultation between Hadad and Netanyahu during cross-examination, the current stage of the trial.
Legally, during cross-examination, the defense attorney is not permitted to speak with the client he represents unless a request to do so has been approved by the court. This doctrine has also been upheld by several court decisions in this trial already.
Hadad's request was to allow him to consult with Netanyahu regarding a different petition that Hadad is representing him in, which falls on the same day, September 8, as a hearing in the prime minister's criminal trial hearings. Hadad wanted to consult as to which of the two hearings Netanyahu would want him in.
The prosecution's position asserts that this nestles under common court procedure considerations, and is at the behest of the attorney, meaning that there is no real need for a consult between the two.
September 8 is when trial hearings set to resume
September 8 is the day hearings in the prime minister’s criminal trial are set to resume, after courts broke for the summer recess. Scheduled as well for that day is a hearing on the matter of a State Commission of Inquiry and the “submarine affair,” a joint petition before the Supreme Court. Hadad is representing Netanyahu in both, and requested to consult as to which his client would prefer he attend.
Netanyahu was indicted in three separate cases by the prosecution in 2020, on the charges of bribery, fraud, and breach of trust. He has pleaded not guilty to all three.
Sarah Ben-Nun contributed to this report.