Page 10-The Canadian Jewish News, Thursday, September 9, 1993
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JERUSALEM (JTA) - The stability of Israel's coalition government was further threatened last week when Israel's High Court of Justice sharply condemned the conduct of Interior Minister Aryeh Deri while hearing petitions calling for his ouster.
The five-judge bench did not rule on the petitions but the court was expected to issue its decision within a week.
Deri, who heads the fervently Orthodox Shas party, a partner in the Labor-led coalition, faces charges of bribery and misappropriation in connection with his personal financial affairs,
In light of those charges, which have been presented to the Knesset but cannot • be presented in court until Deri's parliamentary immunity is lifted. Attorney General Yosef Harish has recommended Deri be removed from his post immediately;
Harish has said the charges have damaged beyond repair Deri's trustworthiness as a faithful public servant, in charge of public funds.
But Prime Minister Yitzhak Rabin opposes Deri's ouster at this time, fearing it would weaken the stability of his government. Rabin believes he is under no legal obligation to remove Deri, a step that would contravene an agreement he made with Shas last summer.
The spirituaLleader of Shas, former Sephardi Chief Rabbi Ovadia Yosef, has warned that the party will quit the government if Deri is dismissed.
But Deri is coming under increasing pressure to step aside, and rumor had it this week that he might do so of his own accord.
During last week'.s hearing, the court sharply condemned Deri's conduct as well as. the agreement Rabin had made thai i Deri could continue to serve in his po,st . until he was indicted in court.
The court also surprised State Attorney DoritBeinish by rejecting her request on . behalf of Rabin to delay the hearing for five days. The government had said it wanted more time to prepare for the hearing, in an indication of the wide gap that remains between the positions of the prime minister and attorney general.
Rabin had threatened to hire a private lawyer if the state attorney refused to argue his position. If that had happened, it would have been the. first time a prime , minister would have been represented before the High Court by an independent counsel rather than the State Attorney's Office.
Following the court's surprise denial of tiie request for an extension, Beinish then asked for a brief recess to prepare her case, but this request was also refused by the judges.
Beinish then spent three hours in the un-
Aryeh Deri
usual position of presenting to the court the conflicting positions of the attorney general and of Rabin.
According to Israel Radio, she referred in court to her position as "schizophrenic."
Under intensive questioning by the justices, however. Beinish apparehtly began to founder, conceding finally that Rabin's position was "problematic."
What doubtless made her case for Rabin more difficult was the fact that all of the judges cited a law barring a prime minister from making an agreement that would limit his ability toexercise hispow-er — a reference to the agreement Rabin had made with Shas.
Rabin later conveyed the message to the court that he had never been told that the agreement violated the law.
If Shas pulls out of the government. Labor could remain in power with a 56-seat plurality in the 120-member Knesset. But it would have to rely on the tacit support of the Arab parties, and that would be unpalatable at a time when the government faces momentous decisions on the peace process.
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