Jehoash Tablet no longer a forgery? Israel wants to keep it

An Israel Antiquities Authority official with the Jehoash Tablet at the Israeli High Court on Wednesday. The tablet was broken in two along an existing crack while in the safekeeping of the IAA (Copyright Photo: Matthew Kalman)

EXCLUSIVE

By MATTHEW KALMAN

JERUSALEM, August 1 - In a stunning about-turn, after losing a 10-year legal effort to prove that an Israeli antiquities collector faked an inscription from Solomon’s Temple, Israel’s deputy state attorney begged the high court in Jerusalem on Wednesday to allow the Israeli government to keep the artifact on the grounds that it is “an antiquity.”

Oded Golan, the Israeli antiquities collector who was acquitted of forging the Jehoash Tablet after a seven-year criminal trial, said he had offered to loan it to a museum for study and public display, but he would fight the attempts by the state to confiscate it.

The rectangular black stone Jehoash tablet - about 12 inches long, 10 inches wide and just over 3 inches thick - is inscribed with a chiselled inscription of 15 lines in ancient script similar to a famous passage from the Second Book of Kings recording repairs made by King Jehoash to the Temple of Solomon in Jerusalem around 800 BCE. If authentic, it is the only item yet found that may have come from Solomon's Temple, built around the 9th century BCE and destroyed by the Babylonians 300-400 years later.

Golan was acquitted of all forgery charges in March 2012, nine years after he was first arrested on suspicion of forging the inscription. He was also acquitted of forging the words “James, son of Joseph, brother of Jesus” on a stone burial box, and dozens of other items including seal impressions linked to biblical figures, inked inscriptions on pottery sherds and a richly-decorated ancient stone lamp.

“Since, according to the state, it is not an antiquity, it cannot now contend that it owns the tablet”

The Jehoash Tablet has never been displayed in public – except in the Jerusalem District Court of Judge Aharon Farkash. It was seized by Israeli police in 2003 together with hundreds of other items, including the James ossuary, in a series of raids on Golan’s home, office and warehouses.

Following Golan’s arrest, a panel of experts appointed by the Israel Antiquities Authority declared the Jehoash Tablet and the James ossuary fakes. Golan and four others were indicted in December 2004 on multiple counts of forgery and accused of being members of an international antiquities forgery ring. None of the charges held up in court.

A year after Golan’s acquittal, Judge Farkash ordered the prosecution to return the Jehoash Tablet, the James ossuary and the other items to Golan.

But after arguing for a decade that the Jehoash Tablet was a fake, the prosecution has suddenly decided it is an antiquity, and therefore the property of the state under the 1978 Israel Antiquities Law.

Israeli prosecutors have reversed a decade-long criminal pursuit of the Jehoash Tablet forgers and now say it is an antiquity that should be in the possession of the state (Copyright Photo: Matthew Kalman)

The stunning about-turn – from branding the tablet a fake and pursuing a decade-long witchhunt for its forger, to deciding that it was a valuable antiquity that must only be under control of the Israeli state – has become the central plank of the government appeal now before Israel’s high court.

The Israeli government is effectively demanding that Golan be punished despite being acquitted by confiscating the Jehoash tablet.

In a scathing departure from his usually cautious comments throughout the case, Judge Farkash accepted that the return of the Jehoash Tablet should await the appeal decision by the high court, but he pointedly dismissed the prosecution argument.

“The state insisted on its view that this was not an antiquity, but a forged antiquity. Since, according to the state, it is not an antiquity, it cannot now contend that it owns the tablet according to the Antiquities Law, and therefore by law it should be returned to Golan,” Farkash wrote in a decision issued on February 12, 2013.

During an appeal hearing in the Israel High Court in Jerusalem on Wednesday, Deputy State Attorney Naomi Katz-Lulav argued that while the state still believed the inscription was fake, the stone itself was “ancient.”

“We say it’s an antiquity,” Katz-Lulav told the three-judge panel. “We want to keep it.”

The words for “ancient” and “antiquity” are the same in Hebrew: atiqa.

“We understand the situation differently now. It’s ours and we have the right to do whatever we want with our property”

The judges pointedly asked how the prosecution could reverse its earlier argument that the tablet was fake, including evidence from its own expert witness that the stone was recently inscribed and came from abroad. They also wondered how the prosecution could argue that the stone came from Israel, and so belonged to the state, when the only evidence attesting to its origins was hearsay defence evidence that the antiquities dealer who sold it to Golan told him it had been discovered in the late 1990s near the Temple Mount in Jerusalem. Throughout the trial, the prosecution had branded that evidence as manufactured to try and prove the authenticity of the item.

“We understand the situation differently now. It’s ours and we have the right to do whatever we want with our property,” Katz-Lulav said after the hearing “We don’t need to give a reason.”

She suggested that sometime in the future, it may be discovered to be genuine.

“It is unthinkable that such an item should be in private hands,” she told the court.

An archaeologist sitting in the public gallery during the hearing laughed out loud at the prosecution argument, pointing out that all stones are “ancient,” since they were created millions of years ago. It was only the addition of the inscription that transformed an “ancient” stone into an “antiquity” – an inscription that the prosecution continues to denounce as fake. 

“The prosecution wants to have their cake and eat it,” said the archaeologist. “Their argument is complete nonsense.”

But the judges were apparently smitten with the tablet and asked for it to be produced in court so they could handle it themselves. The tablet was once offered for sale to the Israel Museum for four million dollars. It was broken in two while in the custody of the Israel Antiquities Authority and was brought to court in a plain wooden box, protected by plastic wrap.

“Today we felt a piece of history, we held it in our hands,” said Justice Yoram Danziger, chairman of the panel, clearly moved after holding the only item known that may have adorned the temple. “Clearly, the Jehoash Tablet must be considered in a separate category to all the other items.”

After adjourning to chambers to discuss the issue, the judges returned and, defying the logic set out in Judge Farkash’s decision, suggested a compromise whereby the state would keep the Jehoash Tablet and negotiate returning more than 250 other items seized from Golan.

“Their position is ridiculous and the suggested compromise is completely unacceptable,” Golan told this reporter after Wednesday’s court hearing. “I should just give it to the state after they put me through this for the past ten years? Why? I already told them I was willing to loan it to a museum and submit it for testing.”

“Now, after they failed to destroy me, they expect me just to give them the very item they said I faked. The offer suggested by the court will not happen. I will negotiate with the prosecution and try to offer some other possibilities and hopefully the high court will accept it,” he said.

Is Israel hiding the secret source of Christianity?

THE TIMES OF ISRAEL BLOG
December 28, 2012

Were the final resting-places of the family and disciples of Jesus discovered 30 years ago and then hidden as part of a religious-political conspiracy?

The archaeological controversy swirling around two Roma-era burial tombs in Jerusalem refuses to die. Indeed, it has become something of an ugly academic slugfest.

In one corner stands the Israeli archaeological establishment represented by the Israel Antiquities Authority and Professor Amos Kloner of Bar-Ilan University, backed by various respected archaeologists and scholars. In the other stands Simcha Jacobovici, the filmmaker and self-styled “Naked Archaeologist,” backed by another group of respected archaeologists and scholars.

Read the full story and discussion that follows (featuring James Tabor, Joe Zias, Todd Frederick, Yisrael Medad and Steven Fine) HERE

My authoritative story on the James ossuary trial in The Jerusalem Report is now available in a Kindle edition via Amazon HERE

Raiders of the Lost Relics

My new story on Biblical archaeology in the holy land in The Chronicle of Higher Education Review

Archaeology in a hole

CLICK HERE FOR KINDLE EDITION

LETTER FROM THE EDITOR / MATTHEW KALMAN
From The Jerusalem Report, issue dated July 2, 2012

Nearly 10 years have passed since the world learned of the discovery of a 1st century burial box bearing the words “James, son of Joseph, brother of Jesus,” and a black stone tablet with an inscription that brought to life a passage from the Second Book of Kings describing repairs to Solomon’s Temple by King Jehoash around 800 BCE.

Both items, if authentic, would be the first physical artifacts ever found from the family of Jesus and the First Temple. It’s no wonder they caused a worldwide sensation, and that their subsequent exposure as fakes and the arrest of Oded Golan, a Tel Aviv antiquities collector accused of forging them, sparked international interest, even outrage.

The Israel Antiquities Authority (IAA), with the Israel Police, gathered testimony around the world and seized hundreds of suspect artifacts. The treasure trove included ancient stone lamps, engraved jugs, pottery shards inscribed in ink, seals and seal impressions known as bulae. Golan, we were told when he was indicted with four others in December 2004 and accused of masterminding an international forgery ring, was falsifying history for personal gain.

UNDER SUSPICION: Oded Golan at home with his treasures

“I believe we have revealed only the tip of the iceberg. This industry circles the world, involving millions of dollars,” said IAA director Shuka Dorfman. “Beside this, Indiana Jones looks small.”

But it wasn’t true. No one else was arrested. The zealotry of the IAA came unstuck when the case against Golan and his remaining co-defendant, antiquities dealer Robert Deutsch, collapsed in spectacular fashion at the Jerusalem District Court in March. Judge Aharon Farkash cleared them of all forgery charges and had some harsh words for the police, prosecution and the IAA.

The Israel Antiquities Authority came unstuck with the collapse of the case against Oded Golan and Robert Deutsch

Farkash said the police forensics laboratory had contaminated the ossuary by blundering through tests that proved nothing and left the inscription scientifically useless for future research. He said the prosecution had failed to prove a single one of the forgery or conspiracy charges brought with such fanfare against Golan and Deutsch. His jaw dropped in disbelief when prosecutor Dan Bahat refused to return the items to Golan, Deutsch and two more collectors. Now the prosecution and the IAA must present a detailed case for confiscating each item.

But Farkash was careful to say that the not guilty verdict did not mean the items were authentic.

The IAA continues to hold by its theory that they were forged by an Egyptian craftsman, Marco Ghatas, who worked with Golan in Tel Aviv. The IAA blamed their failure on the refusal of Ghatas to testify, but the judge said the prosecution evidence simply did not stand up to scrutiny.

The updated story is told in this issue for the first time. I was the only reporter in the courtroom throughout the 120 sessions of the seven-year trial. I heard most of the 12,000 pages of testimony, listened to most of the 126 witnesses and saw most of the 200 exhibits. But I still can not say for certain whether the items are genuine or not.

Even those who are convinced that the items are fake are distressed at the increasingly bizarre actions of the IAA and its publicity-seeking director Dorfman.

I was the only reporter in the courtroom throughout the seven-year trial. I heard most of the 12,000 pages of testimony and listened to most of the 126 witnesses. But I still can not say whether the items are genuine

The IAA’s most egregious mistake was the arrest in 2005 of Hanan Eshel, a Bar-Ilan University archaeology professor who rescued several parchment scroll fragments from the Bar Kochba era that he bought from a Bedouin trader. The IAA charged him with criminal conduct.

“Hanan discovered pieces of biblical Judean scrolls, acquired them, looked after their restoration in the Israel Museum, published them and presented them to the IAA,” says David Jeselsohn, a prominent collector and leading donor to Bar-Ilan who provided the purchase money. “It was the first and only time that the State of Israel was given such a gift. Instead of thanking Hanan, he was detained by the IAA, was presented to the media as a criminal and Shuka Dorfman even had the audacity to bring charges against Hanan at court.” Jeselsohn tells me he thought it was “a bad joke” when he heard that Bar-Ilan was giving its prestigious Guardian of Zion Award to the IAA and that Dorfman would be accepting the prize.

Jeselsohn believes that the Jehoash tablet is a fake, but he describes the prosecution as “a bizarre and hallucinatory trial” against “an imaginary ring of antiquities forgers.” He says the IAA “acted imprudently, senselessly, foolishly and regrettably, with malice.” He called on the IAA to compensate and apologize to Robert Deutsch, Golan’s co-defendant who was acquitted on all charges.

With the IAA still refusing to hand back the artifacts, the case could drag on for some time. I will continue to follow it.

Oded Golan sentenced: future of James ossuary, Jehoash tablet and other treasures still uncertain

By MATTHEW KALMAN

May 30, 2012

JERUSALEM - The Tel Aviv antiquities collector acquitted in March after a seven-year trial of faking the burial box of Jesus’s brother, an inscribed tablet that may have adorned Solomon’s Temple, and dozens of other valuable antiquities, was sentenced Wednesday to a month in jail and fined 30,000 NIS for three minor charges of illegal trading in antiquities and handling goods suspected of being stolen.

Judge Aharon Farkash, vice-president of the Jerusalem District Court, ruled that Oded Golan will not have to serve a custodial sentence because he was held by Israeli police for more than a month after his arrest in 2003.

Judge Farkash, who had earlier threatened to order the destruction of the burial box, or ossuary, inscribed “James, son of Joseph, brother of Jesus,” a black stone tablet recording repairs to the Temple by King Jehoash in 800 BCE and other items seized from Golan, delayed a decision on the final ownership of the items, which could be worth millions of dollars.

Judge Farkash rejected prosecution arguments that all the items connected to the 41 forgery charges on which Golan was acquitted should be confiscated, but he also did not order their immediate return as requested by the defense.

Instead, Farkash ordered the prosecution to present detailed arguments by July 1 justifying the confiscation of each item, including dozens of ancient seals and seal impressions, inscribed pottery, lamps, decanters and other artifacts seized on suspicion of being fakes.

Farkash also revealed that he had been petitioned by two other collectors – Shlomo Moussaieff and George Weill – for the return of items belonging to them.

“Antiquities theft in the land of Israel has become a national plague,” Judge Farkash said in an eight-page written decision that he read out to an almost empty courtroom. “Antiquities theft damages various sites spread out across the land of Israel, sites which are an inseparable part of the history and culture of this land and its inhabitants, who lived here from thousands of years ago until the present day. Antiquities theft also damages the ability of experts to document the history of the people of Israel in its land.”

Judge Farkash said the work of the Israel Antiquities Authority in stopping the theft and forgery of historical items was essential in protecting the heritage of the holy land. He said the only way to cut down on illegal excavations and the robbery of historic sites was to discourage the illegal antiquities trade.

The judge also called for a reform of Israel’s antiquities laws and suggested that collectors, as well as dealers, should have to provide the authorities with periodic lists of the items in their collection.

Oded Golan said he was still studying the decision and had not yet decided whether to appeal the sentence.

“I respect the decision of the court,” Golan told this reporter. “However, the decision may be based on a mistaken interpretation of Israeli law. All three minor charges on which I was convicted, and to which I freely confessed in my first interview with the police in 2003, relate to antiquities found outside the borders of the State of Israel. Under Israeli law, the Israel Antiquities Authority has no jurisdiction over them and no authority in matters related to them.”

“My interest is to save, keep and document important antiquities found in Israel and the West Bank. Unfortunately, the Israel Antiquities Authority have failed to prevent the loss of some 1.5 million pieces discovered in the West Bank and Gaza since 1967, which have left the country,” Golan said.

He added that the remarks by the judge had “implications for any antiquities collector, most of whom save valuable items for posterity and donate them to museums so the wider public can benefit from them.”

“The reforms suggested by the judge may even further harm the protection of antiquities found in Israel and encourage people to take them out of the country,” he said.

Judge to decide fate of ossuary, Jehoash tablet

Scholars say items should be preserved; J'lem judge could order items destroyed under "ruling of Solomon."
JERUSALEM POST
May 29, 2012

By MATTHEW KALMAN

A Jerusalem judge will announce on Wednesday whether he has decided to order the destruction of a burial box that could have held the bones of the brother of Jesus and an inscribed tablet that could have come from the First Temple.

At a Jerusalem District Court hearing in April, Judge Aharon Farkash said he might exercise “the judgement of Solomon” and order both items to be destroyed.

The stone burial box, or ossuary, dates to the first century CE and has an Aramaic inscription that reads "James, son of Joseph, brother of Jesus." The black tablet is inscribed with a passage recording repairs by King Jehoash around 800 BCE. Its surface is spattered with sub-microscopic globules of gold that suggest it might have survived a fire in which golden items melted into tiny airborne particles.

If genuine, the items are the only artifacts yet recovered that can be linked directly to the family of Jesus and the Temple of Solomon in Jerusalem and could be of considerable historical significance.

Last March, at the end of a trial lasting nearly seven years, a Tel Aviv collector was acquitted of faking the two artifacts and other antiquities by Judge Farkash, vice president of the Jerusalem District Court.

But Judge Farkash reserved judgment on whether the ossuary or the stone tablet were authentic because of disagreements between the world’s leading experts.

On Wednesday, Judge Farkash will pass sentence on the defendant, Oded Golan, who was acquitted on 41 charges of forgery, fraud and other serious crimes, but found guilty of three minor misdemeanors of trading in antiquities without a license and handling goods suspected of being stolen.

At a hearing in April, the prosecution demanded a tough sentence including jail time and said that the ossuary, the tablet and many other items should be confiscated by the court, even though Golan had been acquitted of all charges related to them.

“Maybe I’ll order them to be destroyed and neither side will have them,” said Judge Farkash in comments that were not recorded in the official court transcript.

It would be “the judgement of Solomon,” said Judge Farkash.

“Neither of you will have the ossuary or the Jehoash tablet. They broke once already, they can be broken again. Just destroy them,” he said.

The ossuary cracked into two pieces 2002 while it was being shipped to an exhibition in Canada and was repaired by restorers at the Royal Ontario Museum in Toronto. The Jehoash tablet broke along an existing crack in 2003 while it was being handled by investigators at the Israel Police forensic laboratory.

The judge also suggested that the items might be put on display for the public.

“Maybe they should be exhibited at the Israel Museum as items from this trial suspected of being fakes,” he said.

Experts who gave evidence for both sides last night urged Judge Farkash not to destroy the items.

Andre Lemaire, the Sorbonne scholar who published the first analysis of the ossuary in 2002 and has stood by its authenticity, said its destruction would be “scandalous” and “a manipulation of historical evidence.”

“It would be necessary from a scientific point of view to start a new suit, on a real basis this time, for voluntary destruction of historical evidence and tentative manipulation of history,” Professor Lemaire told The Jerusalem Post.

Christopher Rollston, professor of Old Testament and Semitic Languages at Emmanuel Christian Seminary who appeared as a prosecution witness, said “it is never prudent to destroy antiquities, regardless of the controversy surrounding them.”

“I would certainly not wish to see the Ya'akov ("James") Ossuary destroyed. Indeed, to destroy the ossuary would only fuel the controversy, effectively turning this ossuary into an archaeological martyr of sorts. I wish to see it returned to its legal owner,” he said.

Prosecution witness Israel Finkelstein, professor of archaeology at Tel Aviv University, agreed that the ossuary should not be destroyed, but said it should not be returned to Golan. “The Israel Antiquities Authority has a place for alleged forgeries in their storehouses – why not put this item there too for posterity?” Finkelstein suggested.

Defence counsel Lior Bringer said the items should be returned immediately to Golan, who said he has not yet decided what to do with them.

“The prosecution is asking the court to punish the defendant for crimes for which he was acquitted,” said Bringer. “Golan admitted to the three minor charges he was convicted of in the first police interview. On these charges there was no need for a trial at all.”

“He spent more than two years under house arrest and was in prison twice. He has suffered enough,” said Bringer.