Ofer - Stone Throwing, Holding and trading of combat materiel
Translation: Marganit W.
Justice Major Etty Adar’s Court
After the usual hassle we received the docket; there were 28 defendants, accused of:
Throwing rocks – 7
Throwing incendiary objects – 1
Membership and activity [in an unauthorized organisation – including services and sheltering – 8
Staying illegally inside Israel – 2
Property violations – 3
Arms possession – 1
Property violations – 2
Attack on soldiers and disturbances – 2
Terrorist activity – 2
Conspiracy to kill – 2
Shooting at people – 1
We attended 5 hearings
Ayman Ali Muhammad Rajbi, ID 852637883 - Case 5701/14
Defense: Atty. Abu Amar
Charge: throwing objects
The accused was not present in court.
The defense argued that there is no evidence supporting the charge of throwing rocks. How could the soldier identify the defendant from a distance of 60 meters? There is no description of his clothes, and no mention of the time the incident occurred. The soldier later testified that he came closer to the defendant and identified him. Was he not afraid to approach someone throwing rocks at him? “Assaf” (one of the testifying soldiers) said he saw rocks on the car, but he did not see Ayman throwing rocks; he saw him sitting down. “Arthur” also testified that he did not see Ayman throw rocks.
The prosecution’s case is not sufficient for an indictment. Thus, the defense moves to acquit the defendant. Decision in the case was deferred to the sentencing. The sides will be notified about the date.
Muhammad Adeeb Oda Dar Mussa, ID 93674 – Case 4808/14
Defense: Atty. Haled Al Araj
Charge: Possession and trading in combat materiel.
The defense moves for a postponement. More evidence is needed. It will be submitted in writing at the next hearing. The defense confers with the defendant. The latter wants to reach an agreement, the attorney disagrees: he wants to summon another witness.
No date is set for the next hearing.
Muhanned Mahmoud Issa Abu Algalassi, ID 852633916 – Case 7971/14
Defense: Atty. Jubarin
Charge: membership and activity in a unauthorized organization
The defense wishes to negotiate with the prosecution. The judge tells the attorney that he can request the material in the file.
The hearing was postponed to 24.2.15.
Hamam Halil Muhammad Buja, ID 854319480 - Case 85217/14
Charge: membership and activity
and case 4251/14
Charge: aiding and abetting an unauthorized organization
In both cases the defense is Atty. Jubrin.
The defendant rejects the first charge. The defense wants to negotiate with the prosecution about a plea bargain in the second charge.
The hearing was set for 24.1.15.
Nazmi Mustafa Al Salem Kassrawi, ID 958584930 - Case 5515/14
Defense: Atty. Zayad Kenaan
Charge: property violation
The defendant is released on bail. He recants his rejection of the charge and now admits his guilt, as laid out by the judge.
On 4.2.14 the defendant, a Hebron garage owner, bought a KIA (without license plates) for 6000 shekels. It had been stolen a day before and the defendant took it apart. He admits his guilt and is convicted.
He is sentenced to 3 months suspended sentence for two years plus a 1500 shekel fine. As per the agreement with the prosecution, 1000 shekels will be taken from the bail posted, and 500 will be paid by the defendant within a month (or he gets two weeks in jail).
The judge found that the bail had been deposited in Beersheba and there were discrepancies with the file at Ofer. Moreover, the judge said she had no authority to tell the Beersheba court to hand over the 1000 shekels the defendant had paid there. These are 2 different systems: Beersheba is a civil court, Ofer is a military court. She insisted the Beersheba court would not release the sum, even if she included it in her decision. The sides insisted that the arrangement was possible and eventually the judge approved it.