Ofer - Plea Bargain, Sentence

Observers: 
Norah Orlow, Lizi Sagie (reporting)
27/06/2011
|
Morning

 

Translation: Marganit W.

Courtroom 4

Judge: Captain Etty Adar
Defense: Atty. Habib Labib
Prosecutor: Major Michael Avitan

Defendant: Bassem Tamimi - Case No. 2058/11, resident of the village of Nabi Salah.
(For background see previous reports and website of the Popular Struggle Coordination Committee)
 

Three witnesses for the prosecution did not show up. A discussion of the subject ensued.
Even though summons are supposed to be delivered by hand, in this case they were done by phone. The Chief Interpreter is called in to testify that he has personally summoned one of the witnesses, which enables the prosecution to issue a subpoena for him.
Another witness (Islam Dar Ayoub, 14 years old) is sick; he must present medical papers or else be subpoenaed. 

A third witness will be summoned again, because it is not clear that he was actually contacted.

Atty. Labib says that when the law is ignored and the summons are not delivered by hand, at least there should be a record of the phone call, otherwise, the witness cannot be blamed for not showing up.
Evidentiary hearings are rescheduled for 28.8.11, 4.9.11, 11.9.11, 21.9.11 and 25.9.11.
Atty. Labib requests a postponement of Islam Tamimi's testimony for as far a date as possible, since the trial-within-the trial in his case is still on

(for background see here).

The prosecutor objects without giving a reason, and the judge asks him to reconsider. It is determined that in any case Atty. Labib will be given a week's notice before Islam Tamimi is summoned.
The prosecution is enjoined to submit a list of its prospective witnesses as soon as possible.

Courtroom 4 (continued)

Judge: Captain Etty Adar
Defense: Atty. Tareq Bargout
Prosecutor: Major Michael Avitan
 

Defendant: Naji Muhammad Abed Allatif Tamimi - Case No. 1955/11, resident
of Nabi Salah, age 49.
(Background can be found in previous reports)
The judge reads the charge sheet (no Arabic translation).
As part of a plea bargain, Mr Tamimi accepts the charges: incitement to participation in illegal marches, incitement to rock throwing, organizing violent, illegal demonstrations, instructing youth groups to act against and compromise the status of security forces; chief instigator, inciter and leader of mass disturbances.
The judge cites precedents of penalties imposed on 2 Bil'in residents charged with incitement, on which she bases her verdict:
Adeeb Abu Rahme - 18 months in jail
Abdullah Abu Rahme - 16 months in jail
Naji Tamimi's verdict (relatively lenient, according to the judge): 12 months in jail (starting with his arrest on 6.3.11 - see previous report), 21 months suspended sentence for 5 years for his convictions and a 10,000 shekel fine, or 18 months in jail.
The judge states that she takes into account the defendant's clean record and commends him for accepting the charges.
 

During those two hearings there were about 15 people present in the (tiny) courtroom, some of them had to stand. Among them were diplomats, activists of the Popular Struggle, lawyers (also from ACRI), family members of the defendants and us.