2016-07-01 zadorov affair: another fraud in the supreme court? // פרשת זדורוב: עוד...

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  • 7/25/2019 2016-07-01 Zadorov affair: Another fraud in the Supreme Court? // : ?

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    Human Rights Alert(NGO) Joseph Zernik, PhD " PO Box 33407, Tel Aviv, Israel "33407" ,6133301ax! 077317#1$6 %&ail!'oseph()ernik*hran+o(or+

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    Zadorov affair: Another fraud in the Supreme Court?The E5pre&e Fo5r- 8an like2ise -he Ga)are-h Dis-ri- Fo5r-9 enies p5/li aess-o inspe- -he a5-hen-i eision reors in -he Zaorov o5r- ile( Ins-ea, i-presen-s -o -he p5/li invali ele-roni reors( E5pre&e Fo5r- Ca+is-ra-e enieaess -o -he paper reors 8ori+inal reors9 in -he Zaorov o5r- ile 2i-h no le+alo5na-ion( Appeal, 2hih 2as ile 2i-h J5s-ie Eali& Jo5/ran, is lis-e HFlose2i-h no '5+&en-((( The &os- reen- a-ions 8/o-h in -he E5pre&e Fo5r- an -heGa)are-h Dis-ri- Fo5r-9 also sho2 lose oll5sion in perversion o D5e Proess/e-2een -he '5+es an senior prose5-ors < Ciri- E-ern, Ehila In/ar, an Ta&arBorens-ein( 5&an error, or ra5; esponse o -he E5pre&e Fo5r- on -he reK5es--o orre- -he p5rpor-e error 2o5l provie -he ans2er((( The eviene, so arisovere, sho2s -ha- J5+es Li-)hak Fohen, %s-her ell&an, an ai& @alpa)on5-e sha&.si&5la-e -rial a+ains- o&an Zaorov in Ga)are-h( The e-en-iono o&an Zaorov /M -he Israeli a5-hori-ies sho5l /e ee&e alse arres-, orar/i-rarM e-en-ion, an serio5s viola-ion o 5&an i+h-s(

    Figures: Nazareth District Court Presiding Judge Avraham Avraham deniesaccess to inspect the electronic signature data of the electronic judgmentrecords in Nazareth. Magistrate Gilad Lubinsky and Justice Salim Joubrandeny access to the paper records (original records) in the Roman Zadorovpaper court file, now held in the Supreme Court. Senior State ProsecutorsShila Inbar, Shimrit Stern, and Tamar Borenstein collude with the judges in

    this matter, and it remains unclear, who controls whom the judges theprosecutors, or the prosecutors the judges...

    ____

    OccupyTLV, July 1 inquiry with Supreme Court Chief Clerk Idit Melul asksfor correction in entries under the appeal court fileJoseph Zernik v Roman

    Zadorov and State of Israel (4650/16) in the Supreme Court. The appeal wasentered Closed, pursuant to Decision or Judgment, but to this date nodecision or judgment were rendered on the matter of the appeal itself.

    Direct link to the inquiry to the Chief Clerk:

    h--ps!..rive(+oo+le(o&.ile..0B$Aax?@/&k>'5)CTZ%1.vie2;5spsharin+

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    https://drive.google.com/file/d/0B8Aa2xQGbmk5RjduVUUzMTZER1U/view?usp=sharinghttps://drive.google.com/file/d/0B8Aa2xQGbmk5RjduVUUzMTZER1U/view?usp=sharing
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    Figure: Joseph Zernik v Roman Zadorov and State of Israel (4650/16) in theSupreme Court appeal of Magistrate decision data from the public accesssystem: General Details File Status:closed; Manner of Closing:Judgmentfollowing review. In this court file no decision or judgment has been renderedon the the matter of the appeal.

    _____

    The appeal originates in denial of access to inspect the paper decision record(original records) in State of Israel v Roman Zadorov (502/07) from theNazareth District Court. The court file is now held by the Supreme Court.

    The law in this matter is clear. The Regulations say that every person ispermitted to inspect decisions that are not lawfully prohibited for publication.Judgment in petition of theAssociation for Civil Right in Israel v Minister of

    Justice additionally spells out that there is no requirement to file a request inthis matter. Moreover, the Judgment declared that such right is afundamental principle in any democratic regime... constitutional, super-statutory...

    Inspection of decision records was supposed to be conducted in the Office ofthe Clerk, pursuant to procedures established by the presiding judges of thevarious court. However, Presiding Justice of the Supreme Court Miriam Naorrefuses to uphold the law and perform her duties by establishing suchprocedures. Later, Supreme Court Magistrate Gilad Lubinsky usurped with nolegal foundation the authority to deny access to inspect the decisions, underthe reasoning of a jumble in the court file... Instead of inspection ofauthentic decision records, Magistrate Lubinsky decided that only inspection ofinvalid electronic records was permitted.

    The appeal claims that the reasoning of a jumble in the court file is feebleand perplexing as an excuse for denying a constitutional right. Moreover, suchreasoning raises serious concerns regarding competence of the Supreme Court,which purportedly conducted for 5 years an appeal from such court file, andnow is ready to rule on a pending request for a new hearing by an expandedpanel...

    The appeal further claims that Magistrate Lubinsky's conduct amounts towithholding of evidence for serious fraud upon the court by Judges YitzhakCohen, Esther Hellman, and Haim Galpaz in the Nazareth District Court

    through the conduct of sham/simulated trial.Fraud experts consider conduct such as the Supreme Court' refusal to displayauthentic records, and displaying only invalid records instead - Shell GameFraud, or Confidence Trick. However, regarding the latest move by theSupreme Court listing the appeal court file Closed with no judgment thequestion remains open regarding the fraud intent (versus human error).Response by the Supreme Court, if any, on the request to correct the purportederror, would provide the answer on this question...

    It should be noted that Roman Zadorov's Counsel, Attorney Yarom HaLevy, did

    not object to the inspection. In contrast, Magistrate Lubinsky conducted secretconsultation with State Prosecutor Tamar Borenstein. Both the Supreme Court

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    and Attorney Borenstein refuse to this date to serve the responses by the StateProsecution on this matter, which were filed in the Supreme Court, in violationof the fundamentals of Due Process. With is, one may guess that the responseswere of conspirative nature, like those of the North District Attorneys (seebelow)

    The relationships between the court and the State Prosecution, both inNazareth and in the Supreme Court show close collusion, but raise questionsas to who controls the situation: The judges, or the prosecutors...

    Events in the Nazareth District Court were surprisingly similar. The Courtprovided access to invalid electronic records, but Presiding Judge AvrahamAvraham denies access to the electronic signature data, which would showhether the records are authentic, or only drafts. There too, Presiding JudgeAvraham Avraham conducted secret consultation with the State Prosecution inthis matter...

    Regardless, the evidence which has so far been discovered shows that JudgesYitzhak Cohen, Esther Hellman and Haim Galpaz conducted a sham/simulatedtrial on Roman Zadorov in Nazareth.

    The confinement of Roman Zadorov by the Israeli authorities should bedeemed false arrest, or aribtrary detention, and serious violation of HumanRights.

    The Varda Alshech scandal showed that Israeli judges have usurped theauthority to publish sham/simulated court records, which they call drafts(media call them fabricated records). At the same time they mislead parties,counsel, and the public to believe that these are valid and enforceable courtrecord.

    The Zadorov affair with all its ramifications exposed in an unusual manner thestate of the Israeli courts and justice system. Prof Mota Kremintzer summed itas follows:

    Conduct of the State Prosecution in the Zadorov case is scary...When you add to it the position of the Supreme Court and theAttorney General in recent years, we are left with a justice systemthat is primarily busy defending itself.

    ----

    Presiding Judge of the Nazareth District Court Avraham Avraham, NorthDistrict Prosecutors Mirit Stern and Shila Inbar in action denial of access

    to inspect the record in Zadorov court file

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    Figure:State of Israel v Roman Zadorov(502/07) in the Nazareth DistrictCourt - the secret January 26, 2016 filing by North District Attorney Office -Attorney Shila Inbar - on request to inspect the paper decision records(original records ) in this case.

    ____

    Attorney Shila Inbar's secret filing in part says:

    The nature of the requests is unclear, and it appears that their

    purpose is to establish conspiracy theories pertaining toinstant court file and/or the justice system in general... The

    Requester is trying to abuse the term "Right to Inspect"... TheRequester has not been appointed Ombudsman of the Courts

    yet...

    The refusal by North District State Attorney Mirit Stern to duly serve theresponse was the foundation for a complaint on Fraud, Pervestion of CourtProcess, and Breach of Loyalty, which was filed with Commissioner ofProsecutorial Oversight Hila Gerstel. North District Attorney Mirit Stern

    denied a request to be duly served Attorney Shila Inbar's response under falseclaim that the request was for inspection of "investigation materials"...

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    Figure:February 21, 2016 response by North District Attorney Mirit Stern onrequest to duly serve the January 26, 2016 response by North District AttorneyOffice - Attorney Shila Inbar - onPro-formarequest to inspect the paper courtdecisions (original records) in State of Israel v Zadorov(502/07) in theNazareth District Court. Attorney Stern refused to duly serve the January 26,2016 response under false pretense, that the request was for inspection of"investigation materials". The false response was the foundation for a

    complaint against Attorney Mirit Stern, filed with Commissioner ofProsecutorial Oversight Hila Gerstel.

    _____

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    Figure:State of Israel v Roman Zadorov(502/07) - Judge Avraham January 25,2016 Decision on Request to Inspect paper decision records (original records).The Request was conducted in patent violation of the law, which permitsinspection in previously published decision with no request process at all, and

    does not provide the judges any discretion to adjudicate the matter.____

    Request No 120 pertained to attempt to exercise the right to inspect "lawfullymade arrest warrant" and "lawfully made judgment docket". Judge Avraham'sDecision says:

    ... these are not requests to inspect, but an investigation bythe Requester of the validity and operations of Net-HaMishpat

    system and various other claims relative to conduct of thejudicial panel in instant court file. In such matters, this Court

    shall not engage...

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    It is not difficult to understand why the State Attorney Office and the NazarethDistrict Court got so sensitive regarding the requests to inspect the paper courtfile - it is likely to produce the best evidence yet of the Fraud Upon the Courtby Judges Yitzhak Cohen, Esther Hellman and Haim Galpaz, which last years -2007 to the end of 2010 - in conduct of a "fabricated"/sham/simulated trialagainst Roman Zadorov.

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