The Israeli government is prohibiting a former security
official from testifying in an anti-terrorism case in an American court,
drawing accusations from victims of Palestinian violence that it is bowing to
pressure from China.
In a petition to an American federal court, the government
asked to quash the deposition subpoena issued to Uzi Shaya, who could have
tipped the scales in a case filed by families of victims of suicide bombers who
accuse the Bank of China of facilitating terrorist funding via branches in the
United States.
In the motion, obtained by The Associated Press, Israel said
that by providing knowledge he has of specific Israeli counterterrorism
information the witness could divulge state secrets that would endanger
Israel's national security.
But critics say Israel's actions are motivated by other
considerations, namely that the testimony could jeopardize valuable trade ties
with China.
"This motion asserts that Israel will forgive the
supporters and perpetrators of acts of terror against Israelis and Jews.
This
is unacceptable," said Nitsana Darshan-Leitner, a lawyer representing 22
families of people who were killed in Palestinian suicide bombings. "Prime
Minister (Benjamin) Netanyahu, by turning his back on the victims of terror, is
not only denying justice to those who have paid the ultimate price, but he is
sending a message to the terrorists and the whole world that Jewish blood is
cheap."
The families accuse the government-owned Bank of China,
through its U.S. branches, of serving as a key conduit in transfers of money to
Hamas and Islamic Jihad, Palestinian groups that have killed hundreds of
Israelis.
The family of Daniel Wultz, a 16-year-old American who was
killed in a 2006 suicide bombing in Tel Aviv carried out by Islamic Jihad, is
pursuing a separate but related case against the bank. Adding to the high
profile of the case, Wultz's mother, Sheryl, is a cousin of U.S. House Majority
Leader Eric Cantor. A representative for the Wultz family declined comment
because they have not yet received the motion.
But Naftali Moses, whose son Avraham was murdered in a
Jerusalem library in 2008, lashed out at the prime minister.
"Netanyahu's office promised to fight terror — and they
are backing down," he said. "Netanyahu's office promised to aid us in
our court case — and they have forgotten the victims of terror in favor of
relations with the Chinese."
The families are seeking hundreds of millions of dollars in
damages in U.S. courts. With claims based in part on U.S. anti-terrorism laws,
a verdict against the bank could also potentially affect its ability to do
business in the United States.
The cases depend heavily on the testimony of the former
counter-terrorism agent, named Uzi Shaya, who has emerged as a key witness in
determining how much the Bank of China knew about the financial transfers.
According to court documents, Shaya was part of a delegation
of Israeli counterterrorism officials who met with Chinese officials in April
2005, warning them that Hamas and Islamic Jihad were transferring large sums of
money to their militants through the Bank of China. At that meeting, the
Israelis asked Chinese officials to "take action" to prevent further
transfers.
Shaya was scheduled to appear for questioning in New York on
Nov. 25. In an Aug. 29 letter to lawyers for the victims, Shaya said he wanted
to testify but did not yet have permission to do so. Now it appears he won't
get it.
In a statement released Saturday, the prime minister's
office said while it was "steadfastly committed" to the security of
its people, it was also obligated to ensure that information gathered by its
officials remains confidential.
"After conducting a comprehensive review of the matter,
the State of Israel concluded that it cannot allow the former official to be
forced to disclose in foreign legal proceedings any information that came to
his knowledge in the course of his official duties," the statement read.
"The disclosure of such information would harm Israel's national security,
compromise Israel's ability to protect those within its borders, and interfere
with international cooperative efforts to prevent terrorism."
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