Some 500 Israelis demonstrated outside the military courtroom at the Castina base near Kiryat Malachi in the northern Negev, in support of the 19-year-old IDF medic who shot dead a terrorist who was lying on the ground near a check point outside Hebron. MK Avigdor Lieberman, chairman of Israel Beiteinu, was on hand as well. Meanwhile, the prosecution asked the court for a six-day remand.
Military prosecutor Lt. Col. Adoram Rigler opened the court session saying that the military police investigation began as a follow-up on reports from commanders at the scene. “From the initial reports a suspicion emerged of a serious offense,” Rigler told the court. The suspicion so far is that the shot carried out by the suspect was intentional, and without operational justification. There are several question marks: from his behavior he did not appear like someone who acted out of fear for his life. His acts do not point to a life endangerment in real-time. The shot was taken many long minutes after both terrorists had been on the ground having been shot by the force in foiling the attack.”
The prosecutor argued that there was an apparent violation of the commanders’ orders on the scene, of safety rules, and of the rules of engagement. He also pointed out inconsistencies in the testimony of the suspect himself which require delving deeper into the investigation.
The soldier’s attorney, Eyal Beserglick, asked the MP investigator whether the EMT investigation confirms his client’s version of the events. That report shows that at no point were the medics told that it was safe to go near the terrorist and that there was no longer suspicion of an explosive charge being hidden inside his overcoat — which is why the medics were not allowed to treat him. The prosecutor answered that the investigator is unable to answer this question.
During the hearing, the soldier’s attorneys tried to find out if he was still being suspected of murder or was his charge downgraded. Lt. Col. Rigler said that “we are trying to put together the charges, some of which include manslaughter.”
Attorney Beserglick asked the MP investigator if the terrorist was still alive after the first volley from the IDF soldiers, which the investigator suggested would be confirmed by the autopsy.
Beserglick then said that, according to several testimonies, the terrorist was still alive, which the military prosecutor confirmed. “Then how do you know that the attack had been foiled?” the defense attorney wanted to know. The investigator said this point is being investigated.
Beserglick said that he intends to demand that his client be released, at least to home arrest.