Last Update: 02/03/2004 16:58
PM's son appeals ruling compelling him to give in Kern papers
By Yuval Yoaz, Haaretz Correspondent
Gilad Sharon's lawyers appealed to the Supreme Court of Justice on Tuesday a ruling compelling the
prime minister's son to submit documents to the police relating to the Cyril Kern affair, asking for
a delay in the implementation of the Tel Aviv District Court ruling.
Meanwhile, the state is expected to ask the Petah Tikva Magistrate's Court to question Sharon. His
lawyers said such a request "goes against the approach of Israeli law."
About two weeks ago, the Tel Aviv District Court upheld all the state's assertions regarding Gilad
Sharon, and ordered him to hand over documents from his Austrian bank account and audio tape
recordings to police investigating the Greek island and Cyril Kern loan affairs.
The court accepted a request by Sharon's lawyer, Micha Fettman, to delay implementation of the order
to hand over documents relating to the Kern affair by 12 days, in order to allow him to appeal to
the Supreme Court, but ordered documents relating to the Greek island affair to be handed over
immediately. The court's ruling was expected to significantly advance the investigation.
The legal argument centers over what it means for documents or other material to be in Sharon's
possession. The Tel Aviv District Court decided that certain documents, such as bank statements, be
considered in Sharon's possession even if he doesn't physically have them but can get them. Sharon's
lawyers said suspects can't be required to hand over documents that are not physically in their
The Kern affair relates to a $1.5 million loan the Sharon family received from South African
businessman Cyril Kern to repay illegal contributions to Sharon's 1999 primary campaign. Police
believe that Kern was a front for other businessmen and the money may have been a bribe to further
these interests. Gilad Sharon later repaid this loan with funds that apparently provided by the same
businessmen that gave Kern the original money.
In the Greek island affair, contractor David Appel is suspected of paying Gilad Sharon millions of
shekels in order to bribe the prime minister - then a senior cabinet minister - to use his influence
to further Appel's real estate ventures. The main focus of the interrogation was what, if anything,
Ariel Sharon knew about the multimillion-shekel contract between Appel and his son.