Ofer - Plea Bargain, Stone Throwing

Observers: 
Hava Halevi, Mili Mass (reporting)
10/06/2014
|
Morning

Translation: Marganit W.

 

General comment: the trials have the air of a boring assembly line: never-ending flow of detaineesinfo-icon, brought in in groups of four, their feet shackled and their hands tied one to the other; the incessant repetition of phrases like, “honoring the plea bargain due to the defendant’s admission”, “sparing the court’s time”, “evidentiary difficulties” (which never lead to annulment) and above all “detention until the conclusion of the proceedings”; allotting 5 minutes hearing to each detainee etc.

A feeling of desolation descends on us. Only the detainees’ families, trying to use every second to communicate with their loved ones, inject some human element.

 

Justice Moshe Levi’s Court

Prosecutor: Second Lieutenant Slava Pasek

(We received the docket from the interpreter, but there were only the detainees’ names there).

 

Muhammad Najar,  ID 950435800 - Case 44751/14

Defense: Munzer Abu Ahmad

Charge: Violation of “closed area” injunction

In 2009 he was convicted of several violations but not of this one.

He entered the Israeli area by jumping over the fence.

Sentence, as per plea-bargain: 31 days in prison, 2500-shekel fine or 2.5 month’s detention, as well as 45 days suspended sentence for 18 months.

 

Braa Qawasme, ID 401586300 - Case 4518/14

Defense: Atty. Munzer Abu Ahmad

Charge: throwing rocks

He is detained since 20.5.14

Decision: remand extension until the conclusion of the proceedings.

His mother was in court. His brother Walid Wawi also had a hearing today.

 

Walid Wawi, ID859281008 - Case 4519/14

Defense: Munzer Abu Ahmad

Charge: Throwing rocks at Al-Fawar near Hebron

The defendant requests the floor. The judge counters that he has a lawyer to plead for him. Atty. Abu Ahmad says he understands that there will be a remand extension until the end of the investigation, but sometimes the defendant wants to address the court directly.

Walid tells the judge that he was released from prison two months earlier. He admits that he did wrong and prison taught him a lesson. He lives in a neighborhood racked by conflicts and it does not stand to reason that every time he passes by the tower he is charged with throwing rocks.

The judge explains that this is not a trial and that he will be able to address the court during the trial. At the moment there are testimonies that support the charge and justify detention until the end of the investigation. Perhaps during the trial those testimonies will be found baseless.

Decision: Remand extension until the end of proceedings.

Hearing set for 1.7.14

 

Hitham Haj Saleh, ID 937149151 - Case 4622/14

Charge: Violation of “closed area” injunction

The defendant had no attorney. The hearing was postponed until next Thursday, by which time the defendant should get an attorney.

Present in the court were a young woman (sister? wife?) and his brother. Hitham apologized for making them come to court twice. The young woman said, What’s important now is what happens to you, not to us.

 

Nur Aladin Dahar, ID 854202041 – Case 495/14

Defense: Atty. Munzer Abu Ahmad

 

 

 

 

Charge: Violation of “closed area” injunction

He was convicted 6 times for this same violation.

The defendant turns to the judge and tells him that for a year and a half he has not repeated the violation, but he had no choice, otherwise he would not have done it.

Based on his statement to the police and on the evidence, the court decides on remand extension until the end of proceedings.

 

Justice Menahem Lieberman’s court

Prosecutor: Captain Avishai Kaplan

 

There were several boys on the stand, all accused of manufacturing and throwing incendiary objects. They joked and laughed among themselves.

The defense was Atty. Akram Samara.

The hearing of all of them was set for 3.9.14.

They were:

 

Udai Nabil Muhammad Aruan, ID 404343451 – Case 6298/14

Muhammad Hassan Haled Halef, ID 854883253 – Case 1069/14

Halil Ali Yussuf  Zaharan, ID 403401482 - Case 1359/14

Muhammad Abed Alhadi Daud Aduan, ID 851810374 – Case 1333/14

 

Zaki Faik Zaki Ata, ID 860000918 – Case 2487/14

Defense: Akram Samara

Charge: Manufacturing and throwing an incendiary object.

 

On November 2013 the defendant threw rocks at a vehicle. Two days before his arrest on January 2014 he blocked a road, and when a security vehicle arrived, he threw a fire bomb.

Based on a plea bargain, he was sentenced to 24 months in prison plus three more months (out of 6) based on a previous suspended sentence, altogether 27 month, plus 10 months suspended sentence for 4 years.

 

Samah Aamar Rashed Asaid, ID 854647195 – Case 6272/14

Defense: Atty. Ilya Theodory

Charge: manufacturing and throwing an incendiary object and throwing a fire-bomb in Hebron on 22.5.14.

He admits to the charge. There are significant evidentiary problems.

Based on a plea bargain he received a year in prison, 12 months suspended sentence and a 4000-shekel fine.

 

Wazfi Ali Hader Abu Fara, ID 905762696 - Case 4358/14

Defense:  Atty. Ilya Theodory

Charge: Violation of “closed area” injunction

 

The defendant addressed the court and pleaded for mercy. He has 6 children to support, his mother is diabetic and his father is unemployed.

Based on a plea bargain he was sentenced to 2 months in prison for this charge, plus activation of an earlier suspended sentence for 2 month, altogether 4 months since the day of arrest, plus a one-month suspended sentence of 18 months and a 1000-shekel fine or 2 months in jail.