"This is one of the gravest cases of security crimes ever heard by an Israeli court and committed by an Israeli citizen against State security". This comment came from Tel Aviv District Court judges Amnon Strashnov, Shelly Timen and Zeev Hammer, as they imposed a sixteen year jail term on Nahum Manbar, convicted of selling materials and equipment for the manufacture of chemical weapons to Iran.
Manbar was convicted for offences of aiding an enemy in its war against Israel, attempting to aid an enemy in its war against Israel, and supplying the enemy with information with the intent of harming State security.
The judges stated that Manbar, who failed in business in Israel and became entangled in offences of fraud, had gone to live abroad and made contact with Iranians engaging, inter alia, in chemical weapons projects in Iran. He undertook to supply them with a substance for the manufacture of mustard gas and nerve gases, while also supplying know-how and a list of equipment for the purpose of setting up such a plant. He actually supplied 150 tons of the substance, well knowing that it was liable to serve as the material of origin for the manufacture of chemical weapons.
The judges said the impression they had formed of Manbar was essentially a negative one, since he committed these acts for money, pocketing millions of dollars, through the sacrifice of State security and well-being.
The judges added that "the accused’s pathetic attempt to flaunt his patriotism toward the people and the nation is also utterly rejected by us". The judges noted that Manbar’s acts had been performed in the Gulf War period.
Defending counsel Adv. Amnon Zichroni and Dror Arad Ayalon sought consideration for the relatively long period of time elapsed since the offences were committed, and for Manbar’s personal circumstances. Prosecuting attorneys Advs. Dvorah Chen and Shlomit Gafni, of the State Attorney's Office security crimes department, sought a life sentence for Manbar, which, in practise, would amount to twenty years imprisonment.
The judges said they had asked themselves "how was it that the accused, who had tried to build himself some public and social standing… stooped so low as to sell chemical warfare origin substances, as well as know-how and equipment for setting up plants for the manufacture of nerve gases, to so patently an enemy nation as Iran. How did the accused, a citizen of the State of Israel, born on a kibbutz and an officer in the paratroops corps, go downhill from a formerly elevated position to so low a depth, and all for money?"
The judges said they had given lenient effect to various facts placed before them in camera. On concluding their sentence, the judges said that, in setting the penalty, they had warned themselves "to completely disregard the events of the past few days and the devils dance that has been imposed on us in this trial, out of considerations that to this day are still unclear to us, much ado about nothing, as it were".
They added that, in considering punishment, they did not intend to relate to post-verdict utterances by very senior officials, regarding the gravity of the accused’s acts and the degree of punishment he merited. "These words, even if spoken in good faith, should preferably not have been uttered", the judges said, alluding to remarks made by Prime Minister Benjamin Netanyahu, to the effect that he hoped Manbar would be severely punished.
Published by Israel's Business Arena July 16, 1998