Salem - Plea Bargain, Stone Throwing

Observers: 
Netta Golan (reporting)
14/07/2009
|
Morning

Translation: L.W.

Courtroom 3

Judge: Major Ahsan Halabi

Three prosecutors present, all captains

I came to observe the trial of the teacher Said Salah Said Hatib, arrested at Shaked-Barta'a Checkpoint on 27.4.09 (see reports 3.5.09 and 1.6.09).

I observed other trials in the same courtroom, but could not always follow even though I had the list of the hearings.

At 09:30 the first two defendants and their families were brought into court. The judge entered at 09:38.

1. 2814/08 - Rami Ratab Mustafa Dik, ID 9120533923, charged of shooting at a person.

Evidentiary hearing

Defence: Mohaned Harez

The judge wants to conclude the hearing. The parties are not yet prepared. The judge decides that the hearing will be later. I did not stay for it.

2. 3119/09 - Muhamad Faik Muhamad Marshud, ID 945865343, accused of conspiring to cause death.

Stage: Arraignment

Defence: Halabi replacing Nader Harez

The defendant appears very young. Advc. Halabi received the file only 24 hours ago, and requests continuance.

Evidentiary hearing is set for 17.8.09.

09:50 - request to bring in Said Hatib, released on bail. The Military Policewoman cannot find him.

3.  2159/09 - Alaa Talal Lutfi Rizek, ID 850446329, charged of hostile sabotage activity.

Evidentiary hearing

Defence: Halabi replacing Mohaned Harez

Appearance of witnesses waived by agreement of the parties.

Next evidentiary session on 1.9.09.

Alaa's family did not arrive to the courtroom. At the defence request, the judge says they will be allowed to see their son, when they arrive.

4. 2966/09 - Said Majid Abed Elhamid Jaraf, ID 411729023, charged of possessing and trading with combat materiel.

Stage: Arraignment

Defence: Nadar Harez

The parties will endeavour to reach a bargain today. The hearing will resume later. I did not stay for the continuation.

5. 3040/09 - Bashar Zohir Ahmad Jarib, ID 914246301, charged of hostile sabotage activity.

Stage: Arraignment

Defence: Nadar Harez

The defendant looks very young. The judge explains to him the details of the indictment: from 2004 until the date of his arrest, he was a member of the Palestinian Islamic Jihad; in the summer of 2005, he threw explosives in an open area, two of which exploded. The defendant denies the charges.

Evidentiary hearing is set for 17.8.09. Witnesses 4, 5 and 6 will be summoned.

6. 2495/09 - Samer Hashem Ahmad Saadi, ID 850229048, accused of membership and activity in an unlawful association.

Stage: arguments for punishment

Defence: Raslan Mahajne

The defendant is young. The family is brought in: father and a young woman, who appears to be pregnant. Defence requests a sub-trial on the admissibility of confession. Prosecution needs two weeks to find witnesses. The case will be transferred to another judge.

10:12 - The judge asks again about Said Hatib. The Military Policewoman goes out to get him. This trial, for which I came, will start in a few minutes (#8).

7. 3120/09 - Ali Ahmad Muhamad Ahul, ID 852532449, accused of membership and activity in an unlawful association.

Stage: Arraignment

Defence: Advc. Halabi replaces Nadar Harez

Advc. Halabi only recently received the file. The defendant pleads not guilty.

Evidentiary hearing set for 17.8.09. Witnesses 4, 5 and 6 will be summoned.

8. 2329/09 - Said Salah Said Hatib, ID 907632368, charged of attacking and interfering with soldier.

Stage: Arraignment

Defence: Muid Kabha

Said is released on bail. He wears his own clothes and does not sit in the dock, but on the bench for family members. For his own trial, he is called to the witness stand. The denies the allegations in the indictment.

The next hearing is set for 18.8.09. Defence counsel asks to interrogate witnesses 2, 3 and 4. He forgoes witness 1.

The defence counsel is rushing to the "normal" court in Hadera. Said receives the next summons and departs.

9. 3045/09 - Rafiq Kamal Rafiq Tanbur, ID 850466376, accused of holding a position [in an unlawful association].      .

Stage: Arraignment

Defence: A lawyer from Adv. Fares Abu Hassan's office.

The defendant pleads not guilty.

An evidentiary hearing is set for 17.8.09. Witnesses 2 and 3 will be summoned.

10. 2971/09 - Muhamad Anad Fares Zaban, ID 850759499, accused of possessing and trading with combat materiel.

Stage: Arraignment

Defence: Jamal Mahamid

For a reason that I did not understand, the defendant was not present in court. Defence talks with the judge.

11. Regretfully I did not get the defendant's name and what he is being charged with.

Defence: Halabi

The next hearing is set for 18.8.09, and witnesses 2, 3 and 4 will be summoned.

12, 13 and 14: I did not succeed in following these hearings.

15. 2955/09 - Mahmoud Nur Aldin Abed Elkader, ID 938497682, accused of membership and activity [in an unlawful association].

Stage: Arraignment

Defence: Derad Saadi replaced by another advocate.

The defendant pleads not guilty.

First evidentiary hearing on 18.8.09.

16. 2322/09 - Majhad Naaman Rabah Taltin, ID 850021387, accused of membership and activity [in an unlawful association].

Evidentiary hearing

Defence: Naal Zahalka

The next evidentiary session is set for 18.8.09. Prosecution witnesses will be summoned.

17. 2570/09 - Mahmoud Nabil Mahmoud Alahras, ID 411508344, accused of conspiracy to cause death.

Stage: Arraignment

Evidentiary hearing is set for 18.8.09. Prosecution witnesses will be summoned.

18. I did not get the defendant's data.

There is a complete plea bargain which the judge accepts. The defendant pleads guilty to the corrected indictment. The offences are throwing stones and exiting a closed military area.

The stone throwing was in the years 2000-2003, on a few occasions at security vehicles, no damage being caused. The exit from a military area was close to the date of arrest. The defendant entered Israel for the purpose of earning a livelihood.

Sentence: 4 months imprisonment, 2000 shekels fine or 2 months incarcaration, and 6 months probation for 2 years.

19. The defendant was not in court. At 11:25 the judge declared a break until 11:45.

I did not return to the court after the break.

The judge maintained a relaxed atmosphere. There was something strange in that the mother tongue of the judge, defense counsels and accused was Arabic, but the hearings were in Hebrew with the help of an interpreter. Occasionally the judge was not sure that the defendant understood everything, so he turned to him directly in Arabic.