Gaza Smuggling Trial: Defense Petitions Beersheba Court to Dismiss Indictment

Defense attorneys representing suspects in the Gaza smuggling case, which includes Bezalel Zini, the brother of Shin Bet chief David Zini, have petitioned the Beersheba District Court to dismiss the indictment under the doctrine of abuse of process. The request was filed on several grounds, notably that part of the investigative materials had not been handed over to the defense.

Advocate Avner Shemesh, representing defendant Oshri Dahan, stated during a hearing held several weeks ago that the missing evidence is substantial. "This is not a matter of one or two binders," Shemesh wrote, "it involves four large cardboard boxes and numerous digital discs." Defense lawyers noted they have been waiting over seven months for the materials, as well as for two classified certificates signed by Minister of National Security Itamar Ben Gvir and Minister of Defense Israel Katz.

"One confidentiality certificate with paraphrased annexes was provided to us, but we have yet to receive the additional certificate from the Minister of Defense," Shemesh added. Advocate Uri Daygi, representing another defendant, argued that the state has left the accused in prolonged detention or house arrest while failing to secure the necessary ministerial signature.

"The state has failed to obtain the Minister of Defense's signature on the confidentiality certificate," Daygi told the court. "The state deliberately withheld investigative materials that it itself admits are relevant, and the trial has made no progress during all this time." Daygi urged that if the state is unequipped to conduct the trial properly, it should withdraw the indictment, complete its obligations, and refile only when ready.

State Prosecutor Advocate Alex Dernboyim confirmed that the Defense Ministry's signature has not yet been secured and that the prosecution has reached out to resolve the delay. "The Ministry of Defense was in contact with the Shin Bet regarding the signature, but the process has not yet concluded," she admitted. Regarding the alleged withholding of evidence, Dernboyim claimed that the issue pertained to an additional defendant and that formal requests had not been properly submitted.

The Beersheba District Court panel, consisting of Judges Gilat Shalev, Itai Bresler, and Fanny Gilat Cohen, expressed severe displeasure with the prosecution's delays. Presiding Judge Gilat Shalev criticized the state of proceedings, noting that the trial cannot advance without the complete body of evidence. The court granted the defense an extension to respond to the prosecution's late submission, and the hearing has been adjourned to mid-January.