Ofer - Stone Throwing, Holding and trading of combat materiel
Translation: Marganit W.
Courtroom 1 was teeming with lawyers, defendants and court personnel – a big commotion made up of whispers, note taking and postponing hearings to future
Justice Sharon Rivlin-Ahai's Court:
1. The defendant is charged with stealing property and with dangerous driving. He has a "heavy" record and has already spent considerable time in jail. This is the sentencing stage of his trial. The prosecution wants a long imprisonment citing risk to the public. However, since leaving jail, the defendant has acquired a family and found steady work. After weighing the arguments, the judge handed down a sentence of 2 years in jail, two years suspended sentence for each violation against property and
persons, and she also revoked his license for two years. Due to the family's financial situation, he was not given a fine.
2. Defendant: Arafat Najah Ali Nasser
Defense: Jamal Hatib
The defendant is accused of meeting with a foreign agent and with an attempt to smuggle money into the region.
The defendant contacted an operative of Hamas in Jordan requesting overdue payment for work he had done for the Hamas administration. Had the money been transferred through Gaza, it would have been confiscated, thus the defendant requested the money be sent to Jordan. When the money reached Jordan, he preferred that it stayed there until he made up his mind.
The defendant confirmed these facts.
The prosecution requested a stiff suspended sentence and a 2000 shekel fine. The defense argued for a much shorter suspended sentence because the defendant accepted the charges, and because he was asking for payment for work done, which in the end he never received.
Apart from the mitigating circumstances, the defendant has two prior convictions for membership in an unlawful organization, thus, on top of the fine, he was given 10 months suspended sentence for 4 years.
3. Defendant: Mahmud Yusuf Ahmed Abu Daud
Defense: Haled Araj
The short guy with the finely manicured beard is charged with arms trading in 2008. He received weapons from someone, which he then tried to sell, but the deal fell through. In March 2009 he was heard declaring that he wanted to join the Azaddin Al-Kassam Brigades, claiming that he knows how to handle weapons and how to manufacture explosives. This plan too was not carried out. In April 2010 the defendant told a witness that he was a member of a terrorist unit, possessed weapons and wished to carry out a terrorist act. He wanted to learn how to make explosives. He then brought the materials and tried to manufacture a bomb but failed. In August 2010
he was about to go to Jordan for military training, but was stopped at Allenby Bridge carrying an Uzi-like gun. He also took a picture with this piece.
The defendant denied the allegations. The first witnesses will be summoned on 4.1.11.
Justice Zvi Heilbron's Court:
Defendant: Ahmad Abed Alhakim Farid Shehadah
Defense: Atty. Ahlam Hadad
The defendant is a boy from Qalandiya, accused of throwing objects (rocks) in 2007. He was brought in from home. Testifying against him was Micky, the commander of the region who was the arresting officer (4 other boys were arrested with the dedendant). According to him, "a group of youngsters used to come out of an alley, making their way toward Sivan Rd. They used to throw rocks and retreat to the alley. This was their usual routine. This is what happened too on this particular occasion. I realized I had to outmaneuver them in order to catch those rock throwers, so I positioned myself as a scout at a gas station. Another force walked into the alley with the task of provoking a reaction [...] At that point there was an intercepting force at an abandoned house."
In simpler terms: the second force was a jeep that entered the alley hurling smoke grenades with the intention of provoking rock throwing. When this clever ploy succeeded, the intercepting force came out and arrested the kids, "after having isolated them in a secured corridor."
That morning, there was another incident in the area; perhaps that's why the army came up with the decoy jeep ploy, which was used later in the day to manufacture the incident with the boys.
Answering the prosecutor, the witness stated, of course, that it was a clear day and that he could easily identify the boys, they made eye contact etc.
The cross-examination was conducted languidly, making the witness and the judge impatient. The cross-examination was postponed to the afternoon, and since we too lost patience, we did not stay to hear the conclusion.