Report into detention and death of Ben Zygier fails to find culpable parties

THE first report into the detention and death in custody of alleged Mossad agent Ben Zygier finds no-one was culpable for the tragedy.

AUSTRALIA-ISRAEL-PRISONER-MOSSAD-SECURITY

THE first report into the detention and death in custody of alleged Mossad agent Ben Zygier was released by Israeli authorities today and found no-one was culpable for the tragedy.

But while it concluded death was suicide it crucially could not exclude "whether death was caused by a criminal act" or whether in future "it might be possible to identify suspects".

Eight of the 28 pages into the Australian’s incarceration were released today with a gag order imposed on the rest of the confidential report.

According to the critical report by Judge Daphne Blatman-Kadrai, Melbourne-born Zygier was found at 8.19pm on December 15, 2010 hanging in the shower area of his high security cell at Ayalon Prison in Tel Aviv. He had tranquiliser medication in his blood stream but this was not seen as a factor contributing to death.

Despite it being the most secure cell in the country and under constant watch, the shower area was not covered by surveillance cameras.

The report, which the Rishon Lezion Magistrate’s Court agreed to release, blames prison service officials for ignoring "known" instructions to prevent his death but while leaving the door open for prosecution for negligence, did not name specifically name an official.

The judge found "evidence allegedly suggesting the culpability of officials in the Israel Prison Service" and that an investigation found guards faults were "many and severe" and were serious given "the cloak of secrecy, compartmentalisation and different gaps in the information."

Zygier was kept separated from other inmates for security reasons but should have been on suicide watch but wasn’t and according to the report was visited often by his family and was able to make telephone calls.

In 2011 his family asked, and was granted, permission to have legal counsel present at hearings into his death and "took an active part" in proceedings.

The release of the report is the first step by Israeli authorities to mend diplomatic relations in Australia, with the Department of Foreign Affairs saying it had been kept largely in the dark over the arrest and jailing of Zygier dubbed "prisoner X" since his identity remained a mystery until last week when it was revealed he had been working for Mossad but his speaking with ASIO about his espionage work earning him solitary detention in Tel Aviv.

Four days before he was found dead, his wife gave birth to their second daughter and a lawyer who visited two days before he was found saw no hint of any particular mental distress except over the impending prosecution case which was weeks away from concluding.

Meanwhile, the Office of Israel's Prime Minister Benjamin Netanyahu said yesterday the 34-year-old dual Australian-Israeli national did not provide any assistance to ASIO or any other Australian law enforcement agency.

Notably it did not say what information or work he had been doing for the Mossad or other Israeli intelligence and security services.

In the Office's first official statement of the affair which had dominated headlines in Israel for more than a week, it stated: "Following the many reports we emphasise that Mr Zygier had no contact at all with the Australian security services and organisations," the PMO said in a statement.

This contradicts speculation he had been arrested by his Mossad handlers for leaking information to ASIO about the use of Australian passports for espionage as well as an undercover spying ooeration involving Italy and Iran.

No mention was made of two other Australians, Paul Y and David Z, who were also allegedly working for Mossad and living in Israel using false names.
 

For help with emotional difficulties, contact Lifeline on 13 11 14 or www.lifeline.org.au

For help with depression, contact Beyond Blue on 1300 22 46 36 or at www.beyondblue.org.au

The SANE Helpline is 1800 18 SANE (7263) or at www.sane.org