Comptroller seeks legal action over leaked draft report

"The State Comptroller views the leaking of drafts or documents expected to be included in drafts with grave severity," State Comptroller Yosef Shapira said Sunday, leveling harsh criticism at Channel 10 reporter Raviv Drucker, who posted on his blog a copy of a preliminary draft of an upcoming comptroller's report on Prime Minister Benjamin Netanyahu's travel expenses.

The draft of the report, which revolves around the financing of Netanyahu's travel expenses while he was serving as finance minister, was written more than two years ago, and does not include the prime minister's rebuttal or his explanation for the allegations.

"This is an unacceptable and unworthy phenomenon, and it is a violation of the law. The comptroller has approached the attorney general on the matter in the past, after drafts submitted to individuals being investigated for rebuttal were leaked. The comptroller calls on the attorney general to enforce his authority in this instance, as well," the comptroller wrote.

The publication of a comptroller's report, or of a part of or excerpts from such a report, is a violation of Article 28 of the State Comptroller Law of 1958. The penalty for such a violation is up to a year in prison or a fine.

Sources in the Likud remarked on Sunday that "once again it becomes apparent that there are no boundaries to the efforts to topple the Likud, headed by Netanyahu, including criminal actions. … The prime minister rejects all the allegations included in the document and in any case, it is only the final comptroller's report that is relevant. Therefore, it is obvious that Raviv Drucker, and anyone who quotes him or publishes his post, are party to a crime punishable by a prison sentence."

Netanyahu's attorney David Shomron addressed the comptroller's remarks, saying, "The implication is that the attorney general will put Raviv Drucker on trial. Drucker claims in his defense that this law is obsolete. … There is a trend right now among a certain group of people and organizations that are hostile toward the prime minister to behave as though they are above the law."

In response, Drucker issued a statement saying: "There is a long list of legal clauses that have long ago become obsolete, like the sub-judice clause (prohibiting the media from discussing an ongoing legal case) which is violated by the Israeli media on a daily basis. The clause regarding comptroller report drafts has not been enforced in years, and the last comptrollers decided a long time ago not to uphold this clause. In recent years, details from dozens of comptroller report drafts have been published, like the Harpaz report and the Carmel fire, in media outlets, including Israel Hayom."

The State Comptroller's Office investigation into the allegations against Netanyahu was put on hold under the recommendation of the office's legal adviser. The adviser concluded that the state comptroller did not have the authority to investigate MKs' travel abroad.

When he was first appointed state comptroller, Shapira decided to hand the investigation over to the attorney general, and transferred all the investigation materials. The attorney general recommended a police investigation, but none was launched due to lack of evidence.

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