Salem - Plea Bargain, Stone Throwing

Translation: Marganit W.

Judge: Major Avishag Agami Mordechai

Defense: Atty. Muhanned Haraz

Defendant: Aamer Yaser Ahmaed Ben Odeh

The defendant recants his earlier rejection of the charges, and the prosecutor presents a plea bargain, which has been approved by the defense. The court is not obligated to accept the agreement and the defendant is told as much. However, the judge points out, dismissal of a plea bargain is done only on very rare occasions.

The attorneys’ arguments for accepting the bargain, as well as the sentence later handed down reveal that in 2004 Aamer was convicted of conspiracy to carry out terrorist attacks (which did not materialize) and was sentenced to 7.5 years in prison, plus suspended sentence. For this prison time he received 6000 dollars from Hamas. This constitutes the first charge in the present case: bringing enemy money into the region. A second charge is: planning a shooting (which was not carried out either).

As per the plea agreement, Aamer was sentenced to three years (including activation of the earlier suspended sentence from 2004), plus a fine tantamount to the sum he had received from Hamas, i.e., 24,000 shekel, as well as a new suspended sentence.

Defendant: Muhammad Omar Ali Fiad

Defense: Atty, Muhanned Haraz

The prosecution offers a plea bargain whereby the defendant will receive a 22-month and a day jail time, plus activation of an 18-month suspended sentence from an earlier case, 14 of which will be added, while the rest will overlap. In all, he will serve 36 month and a day, plus 24-month suspension for 5 years in which he must not repeat the violations for which he was convicted, or any other violations endangering others - such as dealing with firearms - plus 4000-shekel fine or 4 months in jail alternatively.

The prosecution stresses the severity of the violations, which include throwing rocks and firebombs at security forces, but the prosecution also took into consideration the fact that the defendant was not the instigator of these violations.

The judge accepted the plea bargain without hesitation and handed down the following sentence:

22 month and a day for the present indictment

An earlier 18-month suspended sentence from 2009 will be activated so that 14 months will be added to the present penalty, and the rest will overlap. Altogether 36 month in prison.

24 months suspended sentence for 5 years (as the prosecution stated)

Monetary fine of 4000 shekels or 4 months jail time. The fine is to be paid before his release and is a condition for the release.