Israel Shuts Pegasus Spyware Probe

    Investigation into $4 million deal with Ghana closed without charges

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    Israel has closed its investigation into the sale of Pegasus spyware to Ghana. The probe followed allegations of corruption in a deal worth $4 million. This decision ends a years-long inquiry by Israeli authorities into the transaction involving NSO Group.

    Six years ago, in May 2016, a High Court in Accra convicted three Ghanaian public officials. They were found guilty of causing financial loss to the state. The loss amounted to $4 million. This stemmed from a deal to purchase the Pegasus spyware system. The system was sold by the Israeli company NSO Group to Ghana's National Communications Authority (NCA). Justice Eric Kyei Baffour presided over the case. The court ruled the officials had unlawfully contracted NSO Group. They bypassed proper approval processes. They used a third party, Infralocks Development Ltd. (IDL). IDL was NSO Group's local representative. The officials broke Ghanaian procurement laws. They were also found guilty of conspiring to steal and launder public funds. The court determined one official personally profited GHS 200,000 from the deal. George Derrick Oppong, a former IDL director, was acquitted.

    The Pegasus spyware can take over mobile devices without user interaction. It uses 'zero click' exploits. A simple missed call can compromise a phone. Pegasus can access Android, iPhone, and Blackberry devices. It can turn a phone into a remote spy camera and microphone. This happens without the owner's knowledge. Many governments have used the spyware to monitor citizens. This includes journalists and political opponents. It is known to have been used in Ghana on opposition members and a journalist.

    Israeli authorities initially indicated they would investigate the spyware sale to Ghana. However, they lacked the political will to proceed. Sales of such spyware require clearance from Israel's Defence Ministry. In Ghana's case, the Ministry did not approve the sale. Israeli authorities hinted at investigating potential corruption. For about six years, the matter remained stalled. The investigation moved between various state agencies. These included the State Attorney, the police investigations division head, and a special unit within the Defence Ministry. None of these bodies readily pursued the case. This was due to their proximity to NSO Group. Israeli civil society groups, like those led by lawyer Eitay Mack, urged action. They argued NSO Group's service suspension might be linked to payment issues. "The impression was created that they preferred to avoid any investigation into the transaction," Mack stated. Their request for an investigation cited an amendment to Israel's Penal Code. This amendment criminalises bribing foreign public officials. It aligns with international anti-corruption conventions. Mack also noted Ghana did not formally request Israel to investigate.

    The closure of this investigation raises questions about accountability. It may embolden other countries involved in similar deals. Ghana's past conviction of officials for financial loss highlights the risks. Future procurements of sensitive technology will be scrutinised. Ghana's government will face renewed pressure for transparency. The decision could impact international partnerships involving Israeli defence technology. Affected citizens may feel further disillusioned.

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