Ofer - Plea Bargain, Stone Throwing

Observers: 
Hava Halevi, Mili Mass (reporting)
02/10/2014
|
Morning

Translation: Marganit W.

 

A day before the weekend that includes both Yom Kippur and Eid El Adha.

 

There were many families waiting in the yard. As soon as we arrived, the gate opened and the soldier at the window asked: “Are you against the occupation?” He checked us at the entrance and told us we had come in vain: we should have come the previous day: there were 170 detaineesinfo-icon. Today, there was a holiday atmosphere: everything was quiet and sparsely manned.

As it turned out, we did not come in vain. Once more, we witnessed the routine of despair.

 

Before entering the court a man stopped us telling us that he had come today to attend his brother’s hearing. The brother is Muhammad Fadel Masri - ID 850298258, arrested on 8.9.14 on suspicion of car theft. But the story is more complicated. On the night in question people came to his village, Shuqba, dressed in civilian clothes (but later it turned out they were soldiers) in order to arrest his brother as he was walking in the street. They shot 8 bullets into him, and today the brother was to be brought to court by ambulance for remand extension.

The attorney representing him is Ahmad Safiya. We promised to relay the information to Yesh Din and we’d get back to him.

We wanted to attend this hearing, but were unable to find the courtroom or the correct time.

 

In Justice Major Arie Dorani’s court:

Prosecutor: Yaron Kaner (dressed in civilian cloth since he is on reserve duty, as the interpreter explained).

Defense: Atty. Munzer Abu Ahmed

 

Yaakub Hamed Hamed, ID 860027226 - Case 3641/14

Before we could find out what was going on, the defendant had received the protocol. We think the agreement was on a 6-day extension.

 

Soon afterwards the six detainees who were sitting with him were led out. The prosecutor explained that some files had not been presented, and in other cases agreements had been reached and those detainees would be returned later.

 

Massoud Nassim Masri, 946808765 - Case 3583/14, from Nablus.

Defense: Munzer Abu Ahmed

Charge: violation of ‘closed area’ order.

According to the arrangement, the defendant admits the charges and promises not to repeat the offense. There is an earlier suspended sentence for the same offense.

The defendant asks for a short suspended sentence, so he can apply for an entry permit into Israel.

The judge approves the plea bargain and sentences him to 2 months in prison, 1000-shekel fine and 2 months suspended sentence for 12 months (acceding to his request and reducing it from 18 months).

The defendant may later request to expunge the criminal record.

His father, who was in court, was desperate: he said Massoud has 7 children. Where can he get 1000 shekels? It was hard to watch.

 

Yusuf Halmi Qalbona, ID 980421499 - Case 3576/14

Defense: Atty. Shlomi

Charge: violation of ‘closed area’ order.

There is an agreement: he admits the violation and promised not to repeat the offense.

The judge approves the agreement and sentences him to prison time to coincide with the time served in detention, 1000-shekel fine and suspended sentence for a period that we could not hear.

 

Ibrahim Oulad Muhammad, ID 980421499 - Case 3419/14

Defense: Atty. Ibrahim Noubani

Charge: forging entry permit and infringement of the closed area order.

He was arrested a month ago.

The defendant has 2 prior convictions for the same offense (one from 2009).

The prosecutor presents his criminal record, and the defense presents medical documents testifying to the man’s “special health condition.”

Based on an agreement the judge sentences him to 45 days in prison and 2000-shekel fine. The lenient sentence, the judge explains – despite the repeat offense - is due to his medical condition, his confession, and the approaching holiday.

The judge allows the defendant to address the court: 

The defendant is 45 years old, and has repeatedly applied for a work permit, but the police refuses to grant him one. He does not know why. When he presented his permit, he did not know that it was a forgery. Someone got it for him and he paid for it. He asks to reduce the suspended sentence.

The judge decides on a one-months suspended sentence for a year.

A family member tells us what the man suffers from. He says Ibrahim is scheduled to go to Jordan for surgery, which is why the family is trying to pay the fine so he can keep the medical appointment.

 

Alaa Suleiman Galaita – ID 85340 9191

Defense: Atty. Ismail Tawil

Charge: shooting

The sides agree, the judge examines the confidential file and the proposed interrogation plan, and the decision is 12-day remand extension until 13.10.14 to complete the investigation.

 

In justice Major Rani Amar’s court:

Defendants:

Abdul Rahman Hasan Muhammad Areiba –  ID 8517421718

Muhaned Karim Muhammad al-Hanasfa,ID 904098647 -Case 3038/14

Fuad Hussein Muhammad al-Hushia,ID 945581034-Case 3037/14

Defense: Haled al-Araj

Charge: Throwing objects

On 23.7.14 during disturbances in Abu Dis the three defendants threw rocks at people and property (security forces), together with other people.

The judge points out the weak evidence: it is doubtful the witnesses made eye contact with the defendants (which does not prevent sentencing them – MM)

Penalty: three and half months in prison and suspended sentence of 12 months for three years, plus 3000-shekls fine.

 

Muhammad Abd Alfatah Mahmoud Al Aza, ID 851105551 - Case 3503/14

Defense: Abdullah Merar

According to the plea bargain the defendant admits violating the closed area order. He also admits having committed the same offense on 13.2.14.

The evidence is not conclusive (how is this possible: either he was caught staying illegally in Israel or not – MM.) As for the admission of a violation on 13.2.14 it raises the question: how could he remember the exact date? Perhaps he confessed under pressure during the interrogation.

The defendant pleads for leniency and for a reduction of the suspended sentence. He is an orphan and got married just two weeks before his arrest.

The judge sentenced him to 34 days in prison, 2000-shekel fine and one month suspended sentence for 6 month.

The prosecutor remarks that this offense entails a penalty of minimum one year. The judge examines the instructions and agrees with the prosecutor. He sentences the defendant to one-year suspension.