Panel OKs Release of Some Sharon Data

A special committee of the Israeli Cabinet has tentatively agreed to let lawyers for both sides in former Israeli Defense Minister Ariel Sharon’s libel suit against Time magazine see at least some of the secret documents concerning the 1982 massacre of Palestinians in Beirut--a decision that could have a critical impact on the outcome of the trial.

It is still unclear precisely what the Israeli government will release, and the decision still requires the approval today of the Israeli Parliament’s Foreign Affairs and Defense Committee.

In Tel Aviv, however, Sharon told a radio reporter that the special committee, which included Israeli Prime Minister Shimon Peres, had agreed to grant the attorneys access to Appendix B of the Israeli government’s report on the massacre by Lebanese Christian militiamen at the Sabra and Chatilla refugee camps.

That appendix is the focus of the New York libel trial. At issue is a 1983 cover story entitled “The Verdict Is Guilty.” In it, Time wrote that Appendix B disclosed that Sharon only one day before the massacre had “reportedly discussed with” Lebanese leaders their need “to take revenge for the assassination” of Lebanese leader Bashir Gemayal by Palestinian terrorists.

Sharon, who as Israeli defense minister allowed the militia into the Palestinian refugee camps, said that the Time report in effect accused him of instigating or at least condoning the massacre. He contends that he did no such thing and that nowhere in Appendix B does it suggest he did. He is suing Time for $50 million.

A key factor in the case has been the Israeli government’s refusal to release the appendix to the U.S. District Court in New York. Without it, some attorneys had predicted, Sharon could not win the suit because he would be unable to prove that Time was wrong.

Time attorneys had asked U.S. District Judge Abraham Sofarer to dismiss the case on the grounds that, because they were unable to see the appendix, they had been denied due process of law. Sofarer said that he would not rule on the motion until the case was ready to go to the jury.

Time attorney Stuart Gold refused to comment on the report that the appendix might be released.

However, Sharon attorney Richard Goldstein hailed the preliminary decision as a major breakthrough because, “It will eliminate any question about whether Time’s story was false.”

Gerald Strober, a spokesman for Sharon, said he was confident that the parliamentary committee meeting early today would follow the lead of the special Cabinet committee and allow release of the documents. In addition to Peres, the Cabinet group included Israeli Foreign Minister Yitzhak Shamir, Justice Minister Moshe Nissim and Defense Minister Yitzhak Rabin.