Thursday, October 30, 2008

Beit HaShalom-New evidence proving purchase of building

Cheshvan 1, 5769, 10/30/2008

Beit HaShalom-New evidence proving purchase of building

This new evidence should put an end to the argument focusing on the purchase, renovations and possession and should prove once and for all that we have evidence which is the admission of the seller himself.
Beit HaShalom: New evidence proving purchase of the building
Beit HaShalom: The Hebron Jewish Community presents new dramatic evidence: An audio cassette which recorded the Arab admit he sold the building and renovated the property for the buyer.  

View (Hear) (Hebrew-Arabic) conversation of admission by Arab seller 
View relevant documents (Hebrew)

Yesterday the Supreme Court discussed Beit HaShalom in Hebron. The discussion focused on the question of purchase and possession. This, following presentation of a report authored by an expert, testifying for the community, which contradicted the state's claim concerning validity of the purchase documents. The judges stressed throughout the discussion that even if the building was legally purchased, it is still possible to issue an expulsion order because the building was still in the possession of the Arab seller, Rajbi. For example, the judge Procatzia said, "I am struck, by the evidence presented concerning the beginning of the process and the conclusion of the process, an issue concerning purchase."
Possession, according to the judges, is expressed by the fact that the seller continued renovations in the building. Hebron claims that these renovations were implemented for them and paid for by them. However the judges did not accept this claim and informed them, at the conclusion of the discussion, that they would probably order that the Hebron residents be expelled from the building. The building would then remain empty until the question of ownership was decided in a Jerusalem District court. The Hebron community was given 24 hours to decide if they would agree to voluntarily leave the building. The ultimatum was due to expire at twelve noon today.
However, the community surprised the Supreme Court and prosecution with new dramatic evidence: An audio cassette which documents the seller, Rajbi, in a friendly conversation with a friend, saying:
that he sold Beit HaShalom to Eiub Jabber and received the full amount for the building. That he implemented renovations in the building for Eiub Jabber and was paid for his work.
Shech Paroun brought him the money for the renovations.
That he is under pressure from Palestinian intelligence forces.
Some quotes from the conversation on the cassette:
Faiz Rajbi: (on the story of the building) …by Allah I didn't know…
Friend: So what are you, how did you get to this subject?
Rajbi: I sold it to E i u b. Friend: Which Eiub? Rajbi: Eiub Jabbar
Friend: Ah, the one in Amman?
Rajbi: Yes, Eiub. I don't know, he sent me some money to renovate it. What he sent me (hinting) I don't know and afterwards I renovated for him and later investigated and… I was disgraced.
Friend: OK, who brought you to renovate, who you say stole half of it?
Rajbi: He (Eiub) sent me Shech Paroun..
Friend: Shech Paroun?
Rajbi: Shech Paroun. He sent him for me to renovate it (the building).
Friend: OK, and you didn't know he was a spy and sold it to a Jew? Rajbi: How would I know? Tell me my friend, Jews – and the man who sold fled.
Friend: You didn't know he had contact with Jews – which Jews?
Rajbi: Never
Friend: And the money you took, for the entire renovation? Rajbi: No.
Friend: And the price for the building, he really paid you?
Rajbi: Yes

Attorney Nadav HaEtzni sent this material to the State and the court and pointed out that this new evidence should put an end to the argument focusing on the purchase, renovations and possession and should prove once and for all that we have evidence which is the admission of the seller himself.   The cassette was transferred, together with the statement signed yesterday in Attorney HaEtzni's office by the person who recorded the conversation. Concurrently the material was transferred to some of the others involved in the case but not all, and to the court.
In addition Attorney HaEtzni requested that the court order the identity of the signatory sealed and that any and all details concerning his identity be so sealed, for two reasons: A suspicion that his life could be put in danger A suspicion that the court proceeding could be interfered with from the moment that his identity became known, should he feel threatened. (Attorney HaEztni pointed out that this is similar to similar events which occurred with Rajbi himself, who, due to threats gave false testimony to the police and signed a false statement for the court.)
Of all of the versions Rajbi has given concerning the building (3 versions till now), this is the first one which was given in an open, heart-to-heart conversation with a friend, without any fear and this is the first one which is compatible with facts presented in the documents and the report of the criminal police identity squad (ignoring the twisted significances given by the prosecutor's office), this is the authentic version.
According to this version, Rajbi implemented the renovations in the building for Eiub, as a representative of Eiub, and in return we received payment from him. If the act of renovation is an act of his own possession, as was expressed yesterday in court by the president of the Supreme Court Bainish, "your claim is that Mr. Rajbi held the building for you in the form of a contractor, and he claims that he renovated for himself" – this question has now been fully answered.
As stated, this serves as admission by the person in question, and this should serve to finalize the entire case.   So writes Attorney HaEtzni to the State attorney.

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