Liat Ben-Ari, the state prosecutor in the Holyland trial, has a lot resting on her shoulders. Whether or not former Prime Minister Ehud Olmert's former bureau chief Shula Zaken is declared a state witness will depend on Ben-Ari's position. The sentence she will get as part of a plea bargain is immaterial; it doesn't matter whether she is sent to 11 or 16 months in prison. The public discourse has been adulterated with background noise. According to former Prime Minister Ehud Olmert's well-wishers, the State Attorney's Office knows it has a weak case. That is why, they say, prosecutors have sought to extract Zaken's withheld testimony, albeit belatedly. That claim is false. It was Zaken's attorney, Ofer Bartal, who approached prosecutors about the deal, not the other way around. The State Attorney's Office is still weighing the pros and cons of such an offer. Some say Zaken missed the boat. But there is precedent to support a late-stage plea bargain. When former cabinet minister Haim Ramon was put on trial over alleged sexual misconduct, the court allowed counsel to call three more witnesses to the stand, even though both sides had already rested. The judges effectively said that the need to pursue justice trumped procedure. The three new witnesses, however, failed to sway the judges. Sometimes the public is not privy to the lengthy legal proceedings that accompany trials. Consider the "Zaken Diaries." Several years ago, when Olmert was industry, trade and labor minister, his friend Uri Messer was awarded various bids (the so-called Investment Center Affair). This smacked of foul play, prompting then-State Comptroller Micha Lindenstrauss to launch a probe. He ultimately got hold of the extensive e-mail correspondence between Zaken and Olmert. That ocean of data was ultimately dubbed the Zaken Diaries. It was discovered by the head of the anti-corruption unit in the State Comptroller's office, Yaakov Borovsky. Olmert, who was found guilty of breach of trust for his misconduct, has since tried to play down the severity of his crime. The "diaries" shed light on the allegedly illicit transactions taking place in Olmert's bureau. They allowed investigators to scrutinize the activities surrounding the Investment Center and the cash-stuffed envelopes originating with American businessman Morris Talansky (known as the Talansky affair). Both affairs caused a fire storm in Israel. Borovsky handed over the information to the State Attorney's Office and the Israel Police. Only later did law enforcement come across Olmert's potential conflict of interest when, as finance minister, he let Bank Leumi be bought by his friend. It was then-Accountant-General Yaron Zelekha who made this revelation come to light. Zaken remained loyal to Olmert through his first trial. She was convicted for fraud and breach of trust over the double-billing scheme she ran in his bureau (the so-called Rishon Tours Affair). He was cleared of that charge because she took the fall for him -- and most importantly, because she invoked her right to remain silent. Because Zaken would not willingly surrender the data and back it up with testimony, it could not be used as evidence, the judges ruled. Zaken was Olmert's lifeline. Zaken's testimony, should she take the stand again, would be fraught with difficulties. That is always the case when there is a state witness. But the "diaries" are a treasure trove of solid evidence. They show how events unfolded in real time; they can reinforce or undermine her version of events. I believe they will make her account very credible. It would be a great disservice to the public if the talks fizzle. The State Attorney's Office believes its has a preponderance of evidence. It believes it has enough for a conviction even without Zaken retaking the stand. But if Judge David Rozen does the unexpected by acquitting Olmert, he will have dealt a humiliating blow to law enforcement and the judiciary as a whole, especially since Zaken will then make the rounds and tell her version of events in full. Zaken will become a state witness. Unless, that is, she suddenly hears a tapping, like in Edgar Allan Poe's "The Raven." That mysterious raven derailed talks on a plea bargain when the trial was at its infancy. "And his eyes have all the seeming of a demon's that is dreaming / And the lamp-light o'er him streaming throws his shadow on the floor / And my soul from out that shadow that lies floating on the floor / Shall be lifted -- nevermore!" Zaken will not feel liberated from her former boss until she makes the bold choice and testifies.
