Q. Moshe Ronen
A. We were all lawyer, we were all on call we had, I was a lawyer and he understood my instructions, there was no need I think to scribe a rejection of something. Our e-mails were intending to be the ones related to positive instructions or the negotiations that we focused on at that point was the retainer letter, that was really my job.
Q. Did you advise Mr. Asper that it would be better to put in written your rejection of that?
A. No because we were all in the same call I think we all understood that the game plan was dismissed out of hand, and I did not advise Mr. Asper per se that was required because Moti Morel acknowledged during the telephone call that the instructions were not to engage in the game plan.
Q. But as the legal councilor of the group did you not find it necessary to, to take measurements that Mr. Morel does not act apparently authorized by you doing what you did not want him to do?
A. I didn’t, and to the point Mr. Morel didn’t engage in the promise attached to the game plan. If in fact he had started to engage in elements of the game plan you can be damn sure that I would have instructed him accordingly. But he understood very methodically what it is that we want."
אספר הוסיף בחקירתו הנגדית והעיד כי הוא כלל לא ראה בתכנית המשחק עניין רציני הדורש התייחסות עניינית, אלא בדיחה, מעין "סרט הוליוודי" דמיוני. על כן, הסתפק בהסכם שכר הטרחה, אשר לשיטתו מהווה מסמך כתוב הדוחה את תכנית המשחק וכן בדברים שנאמרו בשיחת הוועידה הטלפונית, ובלשונו (שם, עמ' 92 ש' 16 עד עמ' 93 ש' 11):
"A. As far as I am concerned, the rejection of that plan was the retainer letter, the written rejection, the written rejection of that plan was the retainer letter because I said to Richard this is a joke, this is out of a Hollywood movie, forget it, draft something in our terms that reflects what we really want which is to get our side of the story out, so the first three paragraphs of that, A, B and C of that letter I think is what we wanted to do and the rest of it was, you know, not what we wanted to do, and not only that, you talk about all of these thousands of emails, hundreds of e-mails there is no e-mails about Knesset and tax things and police or anything like that, so not only did we reject it, we produced a retainer letter that I told Richard to draft in response to his proposed retainer letter, he sent one, we said no and we did our own drafting of that letter which reflected exactly what we want and then we did exactly what we wanted and we did nothing more, and we didn’t we did nothing further in that game plan, that’s the, I think the best proof that we rejected it."