Sorry to bother you twice in a day. As you know, I usually only send
material twice in a month. But the State Comptroller rejection has me
inflamed.
I received legal advice on how to submit an appeal. I was told to close the
loopholes. First, I have to prove that I was hurt personally. Anyone who has
followed my aggravations from the ruling establishment will attest to that,
but I was advised to concentrate on financial losses suffered for my quest
to expose the Shamgar Commission for the sham it was.
Next, since the State Comptroller audits the budgets of government-related
bodies, I was advised to request an investigation into whether the public
got what it paid for with the Shamgar Commission or whether we financed a
whitewash.
If you join me in demanding an investigation of the Shamgar Commission, here
is the foreword I will be submitting tomorrow. I have been assured that it
fills the loopholes. Barry
FOREWORD TO REQUEST TO INVESTIGATE
In January 1996, the Shamgar Commission Of Inquiry into the
assassination of Yitzhak Rabin was appointed and funded by public funds
through the Justice Ministry. Since the public paid for the commission, it
had every right to assurances that its money was honestly spent.
I contend that the funds were deliberately squandered on a whitewash of
the facts instead of an honest inquiry. I request an objective investigation
to discern if public funds were misused. My belief that they were is based
on the following:
- Though all relevant police and medical documentation was available
to the commission, the commission reached conclusions in direct opposition
to the facts. I have supplied the findings of the police and Ichilov
Hospital proving that Yitzhak Rabin was shot three times, once from the
front and at least once, from point blank range. In defiance of all the
evidence, the Shamgar Commission reached the conclusion that Mr. Rabin was
shot twice in the back from 50 cm. range.
- My suspicion is that the public paid for, at a minimum, a poorly
conducted investigation and, more likely, a deliberate obfuscation of the
facts. I request that the State Comptroller conduct his own investigation to
determine if public funds were deliberately misused to pay for an incomplete
or wrongly formulated investigation.
- I have been personally and financially hurt in my quest to determine
the facts. One Knesset member, Ophir Pines intervened to have my book on the
subject taken off the shelves of the Steimatzky book chain. When I sued Mr.
Pines for compensation, Attorney-General Elyakim Rubinstein intervened with
Judge Boaz Okun to overturn his decision to remove Mr. Pines' Knesset
immunity for the trial.
- I have sought legal advice and have been advised that my complaint
falls within the scope of the State Comptroller's mandate. Specifically:
1. The Shamgar Commission was just that, a commission, and not a
court of law.
2. It was duty bound to represent the public and its funds
honestly. I have submitted sufficient evidence that this was not the case.
3. In my efforts to determine if the commission functioned
properly, numerous public bodies, including the Attorney General's Office
have attempted to restrict sales of my book or prevent me from receiving
proper compensation from at least one public official, MK Ophir Pines. My
attorney will supply the State Comptroller with full legal details of both
Mr. Pines and Mr. Rubinstein's activities against my quest for justice and
will provide an accounting of how much money they have forced me to spend in
legal fees.
4.Finally, my legal advisor informs me that the Shamgar
Commission may have been in violation of codes covered by the State
Comptroller's mandate. I quote from the mandate: "The state audit concerns
itself also with the examination of the adherence of public servants to
norms and rules of behaviour, such as whether actions were taken in which
there were conflicts of interest, irrelevant considerations, partiality or
abuse of position or authority." I suspect that an honest investigation of
the Shamgar Commission will reveal just such unethical behaviour.
I look forward to your investigation of how the Shamgar Commission,
appointed by the Ministry of Justice, spent its funds. If the funds were
misused for partisan political reasons, the public should be informed.
With thanks,
Barry Chamish