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January 25, 2017 / 27 Tevet, 5777

Posts Tagged ‘Prosecution’

Prosecution to Demand 3 to 5 Years for Sgt. Azaria

Friday, January 20th, 2017

The military prosecution is expected to ask for between three and five years in jail for Sgt. Elor Azaria who was convicted earlier this month of manslaughter and inappropriate behavior. Azaria, an IDF medic, shot a terrorist who had already been neutralized in March 2016. The sentencing hearing is scheduled for next Tuesday.

Azaria’s mother passed out when she heard the news, according to the soldier’s family, which complained that the information was first leaked to the media and only later shared with the defense. “The family is shocked that such information was leaked to the media before updating Elor’s attorneys,” they said in a statement.

The defense said it planned to present Sgt. Azaria’s excellent record and his outstanding performance at his job as part of their plea for a light sentence. They informed the prosecution that they plan to bring more than ten character witnesses to the sentencing hearing.

Celebrity attorney Yoram Sheftel has joined the defense team to work on Azaria’s appeal. Sheftel has already accused the military prosecution of behaving like bullies.

David Israel

Defense Ministry to Secure Immunity from Prosecution for IDF Fighting Forces

Saturday, January 7th, 2017

Even as the political and social storm continues over the verdict in the trial of Sgt. Elor Azaria who shot a neutralized terrorist in Hebron last March, Israel’s Defense Ministry is preparing a bill to protect future warriors who might become similarly entangled in legal troubles for their interpretation of the rules of engagement, Ma’ariv reported Saturday night.

According to the bill’s sponsor, Deputy Defense Minister MK Rabbi Eli Ben-Dahan (Habayit Hayehudi) offers blanket immunity to members of the security forces for their actions before, during and after an operation or a terror event – as opposed to action during routine operation.

The proposed law would provide immunity to “every IDF soldier, commander and officer whether doing compulsory service, career NCOs and officers, GSS operatives, Police, Border Guard, Knesset Gurad, and any other member of Israel’s security forces as decided by the Minister of Defense.”

The bill says that “a member of the security forces will not bear criminal responsibility, nor be interrogated with a warning, and will be immune to every judicial action in connection with an operation he carried out or did not carry out, or an act he committed or did not commit, before, during and after an operation, depending on whether the operation was or was not carried out as part of his assignment, or in preparation to carry out his assignment, as member of the security forces.”

Ben-Dahan told Ma’ariv that the new law would “deliver a clear message to IDF soldiers: just as they are protecting us, we protect them. This is a balanced law which on the one hand enables IDF soldiers to carry out their mission protecting the State of Israel and the Nation of Israel without fear of later retribution, and on the other hand determines a mechanism to remove such immunity when the rules had been violated.”

The law will not protect soldiers accused of looting, destruction of property, taking bribes, bullying, and sexual offenses against people who were involved or uninvolved in a military operation.

JNi.Media

Prosecution Indicts Wedding Guests for Hating Arabs While Dancing

Wednesday, October 26th, 2016

This story would be difficult to comprehend by readers who enjoy the benefits of the First, Second and Fourth Amendments. It also reflects the desperate mindset of Israel’s leftwing ruling elite inside the judiciary who wouldn’t recognize prosecutorial restraint if it bit them on the leg. On Wednesday, thirteen Jews, among them five minors ages 14 to 17, were hauled into the Jerusalem Magistrate’s Court, to be indicted for violence and terrorism, which they apparently carried out while dancing at the wedding of Yakir and Ronnie Ashbel, at the Shirat Yerushalaim hall. Incidentally, the groom, Yakir, was indicted for illegal assembly — at his own wedding.

The cases stem from a video that was shot clandestinely by the GSS at the wedding and broadcast by Israel’s left-leaning Channel 10 News some ten months ago, showing the wedding guests dancing yeshiva style, while stabbing pictures of the baby Ali Dawabsheh, who perished in an arson fire together with both his parents on July 31, 2015. The prosecution, which has indicted one Jewish man and his alleged minor sidekick, is yet to submit its case before a criminal court. There have been rumors of inconsistencies between the confession GSS interrogators have squeezed out of the suspect using torture—with the high court’s approval—and the recollections of local Arab villagers regarding the fire.

Unable to get results on the real arson case, the frustrated prosecution on Wednesday went after the wedding guests who, by stabbing a picture of the dead baby expressed their hatred for Arabs, for a repressive defense minister who locks up and tortures their friends, and for whatever else they disliked so vociferously. The accused also waved handguns and rifles, one of which belonged to an IDF soldier who was among the guests. The guests also created imitation Molotov cocktails by sticking napkins into empty wine bottles. As Attorney Itamar Ben-Gvir, who represents one of the accused, put it, every night at weddings in Umm al-Fahm and countless other Arab communities, there are weddings in which the guests are actually shooting live fire in the air to express their joy — prosecuting Jews for merely waving their guns seems a bit vindictive.

In fact, vindictive is the name of the game in this entire mad hatter prosecution. Ben-Gvir accuses the government of “selective prosecution” and points out that this is being planned as more a show trial than a trial, seeing as the summonses were sent to the media before the defendants received them.

Finally, the indictment declares that “with their actions the defendants issued a unified call to violence or terrorism or praise or encouragement of or support and identification with violence or terrorism, and based on the content of the inciting material and the circumstances under which they were publicized — there exists a real possibility that it would lead to carrying out acts of violence and terrorism.”

Here’s the internal logical conflict of the above statement: it wasn’t the wedding guests who publicized the dancing and the baby picture stabbing and the inappropriate songs. It was a GSS agent who shot the video and handed it to Channel 10 for publicizing. We left messages with several attorneys close to the proceedings regarding this issue, and will update this story when we receive their response.

JNi.Media

Prosecution Objects to Arab Petition to Demolish Homes of ‘Jewish Terrorists’

Wednesday, September 14th, 2016

The state prosecution on Wednesday announced its intent to object to a petition to the High Court submitted by the father of the Arab boy Mohammed Abu Khdeir who was murdered by three Jews in 2014. The petition requests that the state demolish the homes of the families of Abu Khdeir’s killers, the way it does in cases where Arab terrorists murder Jews.

The prosecution argued that it would be a mistake to treat Jewish and Arab terrorism equally. “Of course, every act of terrorism is unacceptable,” the prosecution wrote in its statement, “but we cannot ignore the gap in the scope of terrorism carried out by Palestinians and eastern Jerusalem Arabs compared with terror which is carried out by Jews.”

The kidnapping and murder of Mohammed Abu Khdeir took place in the early morning of July 2, 2014, one day after the burial of three Israeli teens who had been kidnapped and murdered by Hamas agents. Abu Khdeir, a 16-year-old Arab, was forced into a car by three young Jews on a street in eastern Jerusalem. Police located his charred body a few hours later at Givat Shaul in the Jerusalem Forest. The autopsy results suggested he had been beaten and set on fire while still alive.

The murder was condemned by the families of the three murdered Israeli teens, who sent Abu Khdeir’s family their condolences. PA Chairman Mahmoud Abbas blamed the murder on Israel and demanded that Israeli PM Benjamin Netanyahu condemn it “as we condemned the kidnapping of the three Israelis.” However, when Israel included Abu Khdeir in the Victims of Acts of Terror Memorial at Mount Herzl, his family insisted that his name be removed at once.

In February 4, 2016, two minors who participated in the Abu Khdeir murder were sentenced, one receiving life imprisonment, the other 21 years. The court ruled that their leader was Yosef Haim Ben-David, who was sent for psychiatric evaluation. On February 22, 2016, a court appointed psychiatrist testified that Ben-David was fit to stand trial, and on April 19, 2016 he was found guilty of murder. While awaiting sentencing, Ben David tried to commit suicide in his cell. On May 3, 2016, he was sentenced to life in prison plus 20 years.

David Israel

Prosecution Loses Round As Judge Recused in Trial of Soldier Who Killed Neutralized Terrorist

Monday, May 23rd, 2016

President of the Military Court, Colonel Maya Heller, on Sunday decided to approve the defense request in Sgt. Elor Azaria’s trial, and recuse one of the judges on the panel, Israeli media reported. The defense argued that the judge is on friendly terms with Hebron Brigade commander, Colonel Yariv Ben Ezra. The defense attorneys said they did not doubt the military judge’s honesty, but wanted to avoid a conflict of interest nevertheless. They won the round and will start the proceedings with a point advantage.

The trial of IDF medic Sgt. Elor Azaria, who shot dead a stabbing terrorist who was already on the ground, is scheduled to start on Monday in a military court in Jaffa with much less media attention than the case received back in March, when the military prosecutor was still hell-bent on charging Azaria with murder. Many Israelis were irate at the sheer injustice of the idea and the widespread protests convinced Prime Minister Netanyahu that his defense minister was pushing him off a cliff with his newly found, left-leaning political posturing. The case, which would have ended with a disciplinary hearing had an Arab B’Tselem cameraman not immortalized the episode, was downgraded last month to manslaughter and misconduct, as well as defying the rules of engagement without operational justification. Netanyahu, who met with Azaria’s father to reassure him his son is in good hands, has meanwhile fired Moshe Ya’alon, his pesky defense minister, reducing further the chances for collateral damage to Netanyahu from the trial come the next elections.

This is a do or die case for the military prosecution, which has taken its share of lumps so far. Its requests to remand Azaria to prison until the end of his trial was rejected, and he is free to walk around his unit’s base, just not go out. Except that the prosecution also lost its demand that he not be allowed to join his family seder at home. He did, with the court’s blessing. And so, feeling understandably wobbly on its feet, the military prosecution decided to enlist attorney Nadav Weisman, a renowned litigator and senior partner in the biggest law firm in Israel, Meitar Liquornik Geva Leshem Tal.

Making star attorney Weisman the litigator means the prosecution is going for broke. MK Bezalel Smotrich (Habayit Hayehudi) in early May demanded clarifications from IDF Chief of Staff Gadi Eizenkot about the army conscripting a ringer for this match, among other things — how much was this costing the IDF?

From its show of zeal, it’s obvious the prosecution does not plan to offer Azaria a plea bargain, which should have been the easiest and least painful solution to everyone involved. A plea would have meant that the case would eventually disappear from memory, making room for newer attacks on Israel and the IDF. Dragging the case in court will have the opposite effect, keeping the gory details in the news: was the terrorist on the ground moving? Was Azaria justified? Why didn’t he call out an alert? It will also, inevitably, reveal that the majority of Israelis believe that a terrorist who picks up a knife and goes about stabbing Israelis should be certain of being killed. It’s like the death penalty, but cheaper and faster. It’s a perfectly reasonable sentiment, but do we want it debated on the BBC every night? Hardly. Now, however, thanks to a few wounded prosecutors’ egos, the tired topic of “it all started when Israel retaliated” will be king once more on the world’s stages.

It is funny, though, one must admit, to prosecute a soldier for killing a terrorist. Richard Goldstone, you have taught us so much…

JNi.Media

Indictment Filed Against MK Hanin Zoabi

Thursday, January 7th, 2016

MK Hanin Zoabi was indicted Thursday by the Northern District State Attorney’s Office on charges of “disgracing a public servant.”

The prosecution filed the charge as part of a plea bargain in which the Knesset member agreed to plead guilty as charged.

In return, the prosecution agreed not to charge the lawmaker with a more serious accusation of incitement to racism or threats.

The prosecution is also expected to seek a suspended prison term; Zoabi, however, is expected to vigorously oppose this and argue for a fine.

The accusation results from a July 6, 2014 incident in which Zoabi sneered at Israeli Arab security personnel. The MK told a mob of demonstrators at a court in Nazareth that Israeli Arabs who work for government security forces “should be scared of us.”

Zoabi called Israeli Arab police officers “traitors.” She told the mob to spit in their faces and made remarks with implied threats towards the officers.

The plea deal worked out with the MK was signed in December by Zoabi and outgoing Attorney General Yehuda Weinstein.

Hana Levi Julian

Prosecution Charging Former Chief Rabbi with Aggravated Fraud

Monday, December 24th, 2012

On Monday, the Jerusalem District Attorney indicted former chief rabbi, Rabbi Eliyahu Bakshi Doron, over his involvement in “Parashat Harabbanim” (Rabbigate), Srugim reports. In recent years, several rabbis have been indicted for allegedly issuing false ordination certificates to some 1,500 military and police officials, allowing them to fraudulently collect hundreds of millions from the state in improved pay.

According to the indictment, Rabbi Bakshi Doron has known about the issuing of false ordination certificates since 2007. The indictment charges Rabbi Bakshi Doron, among other things, with obtaining an item through fraud under aggravating circumstances, fraud, and breach of trust.

The indictment refers to the activities of Rabbi Bakshi Doron during his tenure as chief rabbi, from 1993 to 2003. At that time, the security forces allowed police and IDF officers and NCOs to receive a salary increase if they could produce a certificate of rabbinic ordination.

As a result, during the years 1999-2003 private classes for pay were being offered to security professionals, with the goal of enabling participants to get after their graduation a certificate from the Chief Rabbinate, recognizing them as “ordained for rabbinic service.” These classes were run in many cases by prominent rabbis in positions of seniority in Israel’s rabbinic establishment.

Rabbi Bakshi Doron has been interrogated once, in 2007, with a warning, but ultimately it was decided his degree of involvement in the case did not merit an indictment. The decision to renew the investigation in the case came after the rabbi gave a new version of the facts in a court appearance which contradicted an earlier version he had given during his police interrogation.

The prosecution stated that Rabbi Bakshi Doron is suspected of instructing the director of certification exams in the Chief Rabbinate to issue certificates of high religious education, to complement the for-pay ordination classes.

Rabbi Bakshi Doron did so, apparently, despite that he was critical of issuing these documents to security personnel, and even though he allegedly knew that the students sought the documents only for economic ends.

Yori Yanover

Printed from: http://www.jewishpress.com/news/prosecution-charging-former-chief-rabbi-with-aggravated-fraud/2012/12/24/

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