Ofer - Plea Bargain, Stone Throwing

Observers: 
Nitza Aminov (reporting)
28/01/2015
|
Morning

Translation: Marganit W.

 

Judge: Major Etty Adar

Prosecution: Captain Yitzhak Unger

Defense: Atty. Fady Qawasme

 

Defendant: Muhammad Eid Yusef Badran – ID 854552973

Muhammad Badran is accused of throwing rocks. The charge is based on photos taken on the day the event took place. The attorney maintains that his client is not in the pictures and therefore there is no need to respond.

The prosecutor disagrees, claiming that the photographer who took the pictures testified that he recognized the suspect from the event.

It was decided that the prosecution would hand over all the evidence to the court by the next day, 29.1.15.

Next hearing set for 8.2.15

The interesting part of the hearing is not included in the protocol. After handing down her decision, the judge asked to see the photos, adding that she is no expert in identification. She looked at the photos at length, and also glanced at the defendant. Eventually she told the prosecutor that he may have a problem, and she pointed to one photo. The prosecutor looked ill at ease and examined the file again. I had the impression that the judge sided with the attorney.

 

Judge: Lieut.-Col. Shalom Dahan

Prosecutor: Major Noa Shafrir

Defense: Atty. Auda Zbeidi

Defendant: Abed Al-Rahman Louai Abed Alhalim Hawaja – ID 854680378

 

We had met Abed’s father so many times before at Ofer, that I felt he was there every time I came to the court. Here are two brothers and their cousin from Ni’alin accused of attempted homicide and shooting.

This time there is an agreement: the accused admitted that in October or thereabout and on 6.11.13 he committed the crimes he is accused of.

The judge accepted the plea bargain although he found it a bit too lenient.

24-months jail time starting with the day of arrest.

10 -months suspended sentence for 3 years.

2000 shekel fine, or 3-month jail time.

 

The reason Shosh Kahn (from Women for Political Women Prisoners) and I came to Ofer today was to attend the hearing of Amal Takatka and 2 minors (at the moments there are 4 minors at Sharon Prison).

 

Judge: Major Rani Aamar

Prosecutor: Captain Anan Sarhan

Defense: Atty. Haled Al-Araj

Defendant: Amal Jihad Ali Ahmad – ID 854053840 (this is the name in her ID card).

This was the first arraignment hearing: it is claimed that Amal decided to carry out a stabbing attack  .

On 1.12.14 she obtained a knife at Beit Fajer (her village). At Gush Etzyon Intersection she stabbed a settler, Yehoshua Leer. The soldiers chased her, telling her to stop, then shot her in the leg. Even though she was injured, she continued to run. The soldiers shot her again. She was then taken to Hadassah Hospital.

The defense explains that his client admits she possessed a knife – the second charge in the indictment – but she absolutely denies the first charge of trying to kill Yehoshua Leer. The defense and the prosecution do not agree on whether there was intention to kill.

A memorandum hearing was set for 11.2.15.

After a month at the hospital, Amal was transferred to Sharon Prison (in a wheelchair). There other prisoners take care of her. She came to Ofer using a walker.

As usual, we talked with families of the defendants. We heard harsh stories of detentions, especially those of minors, and of break-ins in the middle of the night. For example: a woman from Wallaje told us of her 14-year old son who, together with 3 friends, was arrested on a street in Bethlehem. He has been in detention since 16.12.14.