Israel's 'Prisoner X' was Australian Mossad agent, documentary claims

[Magda Hassan]

Avigdor Feldman is Mordachai Vanunu's lawyer as well.

THE family of Australian man Ben Zygier, the Mossad officer who hanged himself after being detained by Israeli authorities on national security grounds, were never told the nature of the accusations against him. Zygier's Israeli lawyer, Avigdor Feldman, said the 34-year-old maintained his innocence, but was considering a plea bargain in the lead-up to his death. Mr Feldman, one of the last people to see Zygier alive, would not detail the specific charge but said last night it was "not on the high level of gravity".

Asked about reports in Israel that Zygier was accused of "treason", Mr Feldman said: "I can't go into specifics but treason doesn't have to be somebody who is in coalition with Hezbollah or any other enemy of Israel."
The Australian understands Zygier's family received very little information about his case, which began in February 2010 when he was arrested on suspicion of committing what Foreign Minister Bob Carr described yesterday as "serious offences" under Israel's national security legislation.

His detention was kept a secret well after his death in December 2010 until the ABC's Foreign Correspondent this week revealed Zygier a father of two who had moved to Israel from Melbourne, where he studied as a lawyer 10 years earlier was the secret prisoner known as "Prisoner X".
It is understood Zygier's family are satisfied that his rights were attended to at all times by Israeli authorities.
They do not harbour any doubt about the verdict of an Israeli investigation into Zygier's death, which found the former lawyer had hanged himself in a cell supposed to be under constant surveillance.
Mr Feldman visited the high-security cell at the prison in Israel in the days before his death to discuss whether he should accept a plea bargain and face a shorter prison sentence or contest the charges, face a trial and risk a longer sentence.
He described the treatment of Zygier as "stupid, inhumane and repulsive."
It is understood that, in the period leading up to his death, Zygier was known to be struggling psychologically.
Asked how Zygier appeared, Mr Feldman said there were no obvious signs of depression but that from his experience months of solitary confinement would most likely have been weighing on him.
"He certainly said the way he was being treated was extremely unfair," Mr Feldman said.
Australia's domestic spy agency ASIO was notified in February 2010 that Zygier, who was a dual Israeli-Australian national and a target in one of its investigations, had been detained.
It is understood the agency harboured no concerns that the former Melbourne man was involved in espionage in Australia. Rather, Zygier was being investigated along with a number of dual Israeli-Australian citizens over suspected links to Mossad.
A source familiar with the investigation said the probe focused on Mossad's practice of recruiting dual citizens.
"(Zygier) was not a risk here," a source said. "In terms of what was going on, it was overseas."
Asked whether Zygier had compromised the security of Israel by the alleged "treason", Mr Feldman said: "I can't go into specifics but treason doesn't have to be somebody who is in coalition with Hezbollah or any other enemy of Israel."
Mr Feldman said his client "claimed before me he had done nothing wrong".
"But he was also claiming that the level of evidence in security cases was extremely low," he said.
"Even if you didn't do anything much, you can find yourself in trouble in the courts."
Mr Feldman would not detail the specific charge against Zygier or any security details, citing a secrecy agreement he had signed. But he said his impression of Zygier was that he was "someone who was not a traitor by nature or ideology".
"He was involved in something that I cannot go into but this concern does not threaten the security or the government of Israel," he said.
Senator Carr confirmed yesterday that Australia had sought assurances from Israel over the safety of Zygier when he was first detained in an Israeli prison in February 2010.
But he said at no point did Zygier or his family seek consular assistance from Australian officials during his imprisonment.
Speaking to a parliamentary committee, Senator Carr said yesterday he had received an interim report from his department after it was asked to inquire urgently about Zygier and what Australia knew about his detainment. A fuller version is expected within a few days.
Department of Foreign Affairs and Trade secretary Peter Varghese said Australia's embassy in Tel Aviv was not informed about Zygier's detention, but assurances on Zygier's welfare were sought through intelligence officials on the ground.
Earlier this week, Senator Carr said he had no knowledge of Zygier's case. Yesterday he clarified, saying his department was informed of Zygier's death on December 16, 2010.
A spokesman for the minister said the government had not approached Israeli for details about the case, saying the first step was to establish what was known to Australian officials in 2010. A family friend of Zygier, Henry Greener, said yesterday said he had known Zygier for many years.
He said reports that Zygier had joined Mossad were not in keeping with the young man he had known. "He wasn't tough and hard like you imagine the Mossad guys to be," Mr Greener said. "He didn't have it in him."
Zygier had been a brilliant student who had breezed through his legal studies before going off to Israel to do a stint in the Israeli armed forces.
Mr Greener said the family had been devastated by Zygier's death. Zygier's father had retired from his role at the Jewish Community Council of Victoria soon after the funeral and had returned to work as executive director of the B'Nai B'Rith Anti-Defamation Commission only in the past six months.
Additional reporting: Adam Shand, Lanai Scarr