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September 29, 2016 / 26 Elul, 5776

Posts Tagged ‘Prosecution’

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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