Ofer - Plea Bargain, Stone Throwing
Translation: Marganit W.
Justice Etty Adar’s Court
Prosecutor: Captain Asher Silver (who hardly took part in the discussions as most cases were arraignments)
Yazan Manour Abdulla Shaer,ID 854083912- Case 2967/12. A resident of Bethlehem.
Defense: Atty. Haled Al-Aaraj
Charge: manufacturing and throwing an incendiary object. The charge was filed on 6.6.12.
The defendant denies the charges, claiming that he was beaten by an interrogator.
His parents were present in court during this short hearing.
The prosecution is considering submitting a revised charge sheet.
Evidentiary session set for 4.11.12 at 13:30. Two witnesses will testify for the prosecution.
Yussef Salah Yussef Zahran,ID 852905843–Case 2649/12
Defense: Haled Al-Aaraj
Charge: Possessing and trading in combat materiel.
The family was present during the short hearing.
The defense attempted to reach an agreement with the prosecution. If they fail, a memorandum hearing is set for 4.11.12.
Alaa Salem Halil Alnajoum, ID8522222689686 –Case 2739/12
Defense: Haled Al-Aaraj
Charge: manufacturing and throwing an incendiary object.
The family was present during the short hearing.
The attorney stated that he had no objection to the way the prosecution handled the case. If no agreement is reached, a memorandum hearing is set for 11.11.12
SalemBadi Salem Dirdasawi, ID944392471 – Case 3111/12
Defense: Mahmoud Hassan
Charge: Possessing and trading in combat materiel
The family was present during the short hearing.
The defendant rejected the allegations. He handed his denial statement. The defense and the Judge debated which witnesses to summon. At the judge’s request the attorney listed the witnesses in the order of their appearance.
Evidentiary hearing is set for 7.11.12 to hear witnesses in the first part of the indictment.
Other dates were set for Nov. 18 and 21 to hear the rest of the witnesses in the second part of the indictment.
Taha Jaber Masad Alasmar,ID 852408422 –Case 2822/12
Defense: Haled Al-Aaraj
Charge: Membership and activity in an unlawful organization
The defense seeks a plea bargain. If none is reached, additional material will be presented.
We were unable to hear the date of the next hearing.
Justice Amir Dahan’s Court
Prosecutor: Ashhar Erez
Nadal Mahmoud Amad Alhafiz Ashmar,ID 850477472 –Case 4172/12
Defense: Qawasme
Charge: Membership and activity [in an unlawful organization]
The defendant is released on bail. He came for a bail check (a common procedure; see Report in our site of 7.2.12). Justice Dahan stated that he is familiar with the case. Still he referred it to a hearing before Justice Etty Adar on 5.12.12. The defendant was told that he has to arrive early because on Sundays and Wednesdays there are delays at the entrance because of congestion at the checkpoints due to visits by prisoners’ families.
Hawild Abed Alkadar Muhammad Halil,ID 911739498- Case 4045/12
Defense: Haled Al-Aaraj
Charge: Manufacturing and throwing an incendiary object
The family was present in the court.
The defendant denied the allegations.
Evidentiary hearing was set for 20.11.12 at 13:00 in front of a 2-judge panel.
Malek Muhammad Ali Alalame,ID 852933068-Case 1846/12
Arrested on 28.3.12
Previous hearings took place on 4.4.12, 6.5.12, 9.5.12, 14.5.12, and 12.9.12.
Defense: Haled Al-Aaraj
Again, no family member was present in court. When we waved to him, his face lit up and he asked: Where is Haya.
Before we realized what was going on, it turned out that the defense had asked for a week’s postponement, until Wed. 17.10.12 for some reason; we had no time to ask him about this. The protocol we later received does not explain it either.
Today, 14.10.12, I spoke with Atty. Al-Aaraj on the phone. He explained that he requested a postponement of Malek’s hearing because by then he expects a court decision about the co-defendant.
(See report on Malek’s case on 12.9.12).
Muatasem Taysir Yasin Natshe,ID 850030032- Case 4131/12
Defense: Qawasme
Charge: membership and activity [in an unlawful organization]
The defense requested a short delay. The judge asked how long the defendant had been in the Palestinian Authority jail. The defense was requested to produce proof of his client’s stay in jail, as well as to clarify on what charges, what the sentence was, and what was the decision of the Supreme Court of the [Palestinian] Authority.
The judge advised the defendant to accept the charges at this stage, thus gaining the advantage of the first to confess. He can submit proof of his incarceration by the PA later. The defense would like to amend the indictment regarding the scope of the charges, since some of them apparently were not committed by the defendant, while the PA already punished him for others. Thus, claimed the defense, the defendant should not accept the charges at this stage.
The judge said that he had to check one of the witnesses, because he (the judge) may have defended him in the past, in which case he will have to refuse himself. It turned out, however, that it was not the same person that the judge had defended.
Hassan Ibrahim Hassan Adarba,ID 914084058 - Case 4165/12
Defense: Abir Mrar
Charge: Leaving the territory without a permit
The defendant admitted that on 20.9.12 he left the area without permission. He was arrested on 23.9.12.
There is a plea bargain, which includes a suspended sentence. The defendant asked to expunge this condition because it will prevent him from applying for entry permit into Israel. The judge was not sure about the procedures, but said that he would include in the verdict a comment to the authorities to consider issuing him an entry permit.
The judge mentioned the defendant’s situation: he is getting married on 1.11.12. A marriage license and an invitation were presented to the court. The bride also appealed to the judge, and he was impressed by her statement and by her promise that she would see to it that the young family makes a living without breaking the restricted area regulations. (The bride is a prospective math teacher).
The agreement approved by the court stipulated that because the defendant was twice caught staying in Israel without a permit, in 2004 and 2008, the penalty would be 46 days in jail, 4 months suspended sentence for 3 years and a 700 shekel fine.
Due to the economic hardships of the family, the judge recommended that the authorities reconsider issuing a permit to the defendant. He is to be released before his wedding and before the holyday Eid-AlAdha (the attorney later explained that the sentence was shortened by 14 days.)