Asia - AFP

No spy charges against Israelis as evidence difficult: NZ prime minister

Date: Thu, Jul 15, 2004

WELLINGTON (AFP) - New Zealand has not charged two alleged Israeli spies with espionage because it would have been difficult to supply evidence, Prime Minister Helen Clark said.

She however remained in "no doubt whatsoever" that the two men were Israeli security agents.

Uriel Zoshe Kelman and Eli Cara were arrested on March 23 after an undercover police operation and pleaded guilty last month to charges including fraudulently attempting to obtain a New Zealand passport as well as being part of an organised criminal gang.

Auckland High Court Justice Judith Potter Thursday sentenced them to six months in jail. She ordered them both to pay 50,000 NZ dollars (32,800 US dollars) to the Cerebral Palsy Society after they used the name of a disabled man in their bid to get a false passport.

Speaking to Radio New Zealand Clark said the government did not intervene in the trial and had taken advice on the kind of charges that were appropriate.

Espionage is a separate criminal offence in New Zealand but the two were not charged with it.

"It may well have been hard to be able to supply the evidence for allegations of espionage as defined under the law," Clark said.

"What these men did plead guilty to was being part of an organised criminal group. That is a quite serious charge ...

"I have very solid grounds for saying that the New Zealand government believes these men were acting on behalf of Israeli intelligence agencies.

"I personally have no doubt whatsoever."

She refused to discuss what advice she had received on the case from the New Zealand Security Intelligence Service.

In a statement Thursday Clark said the two men's actions had amounted to a breach of New Zealand's sovereignty.

"The New Zealand government views the act carried out by the Israeli intelligence agents as not only utterly unacceptable but also a breach of New Zealand sovereignty and international law," she said.

New Zealand has suspended high-level contacts with Israel. Clark said she would stop a planned visit by Israeli President Moshe Katsav in August. She also said Israeli officials would need visas to enter New Zealand and foreign ministry contacts would be suspended.

Israel said it regretted diplomatic sanctions imposed by New Zealand.

"Israel has a long tradition of excellent relations with New Zealand, and we will do everything necessary - together with the New Zealand government - to restore relations," Foreign Minister Silvan Shalom told public radio.

"Of course, we regret this response, but we think this decision is a decision that can be fixed."

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