Military Court Ofer, Monday, 15.1.07, AMRoni H. Nurit S. Nora O. (reporting)At 9.30 there is still no updated list of the day’s hearings. The lists arrived following a phone call to Wapi(?) Courtroom 2There are 3 judges: Major Yair Tirosh, Major Dahlia Kaufmann, Cpt. Eli ShmuelianCase no. 5466/06 – Ramez Muhmad Abed Elhamid AabidaProsecution: Cpt. Adi NivDefense: Ismail Tawil, Wisam FalahCharge: Causing deathType of hearing: Arraignment(There is a protocol) 2 female relatives presentThe original indictment of the accused lists 8 counts of deliberately causing death.Today we are witnessing an interesting and unusual occurrence: It is the prosecution who is asking for amending the indictment, following evidence by a recently arrested witness, an accomplice to item 2 in the indictment, who ascribes to Ramzi the murder of Mark Gabrielow. This evidence made the prosecution change the charge from deliberately causing death (presumably, an indirect rather than active involvement in this death) to manslaughter. Ramzi is resident of Ramallah and has been in detention for 4 months. He denies the charges and is allowed to speak. “I work for the Palestine Authority, am in charge of intelligence on the West Bank, my rank is colonel. I’m telling you that I have not fired even one single shot, neither at the settlers nor at Israeli soldiers. I abide the law and have fought against terror. I have not thrown even a single stone at the security forces. I’m surprised to find myself in prison today. The judge allows the prosecution, the defense, and the defendant time for consultation to amend the indictment. We are witnessing a scene of unusual fraternizing between the defendant and the prosecution, such as we have never seen before. The prosecutor says that he trusts the defendant, that he is thoroughly familiar with his case and that he knows that Ramzi is not anti-Israel (when he is released they will have a meal together).In view of the amendment in the indictment, the evidence materials which should have been submitted today will not be submitted. The case will come up for another reading on Tuesday, 23.1.07.Case no. 5470/06 – Ayad Mussa Abed Elfatah FarohProsecution: Cpt. Adi NivDefense: Wisam Falah (absent) Charge: Causing deathType of hearing: ArraignmentRelatives presentAyad is charged with the same offenses as in the above case (# 5470/06). Both may be members of the El Aksa battalions. The defense lawyer has not arrived; the case has been adjourned until an unspecified date.Case no. 3274/05 – Saad Rashdi Tufik MakhulProsecution: Sagi Ashkenazi (?)Defense: Hosam FalahCharge: Attempt at causing deathType of hearing: EvidenceThe defendant’s brother is present. The defense lawyer has not arrived, though the family had summoned him for today The defendant will be assigned another lawyer and the court will then decide on further proceedings. Hearings on the case will take place on 18.11.07 Case no. 3300/05 – Raid Awed Ahmad MagrabiProsecution ? Defense: Wassam Salah (absent) Charge: Firing at a personType of proceedings: ReminderA 24 year old man, resident of Rafiah (the Gaza Strip), tried at Ofer Camp because he had moved to Beth Lehem, where he was also arrested 21 months ago. His sister-in-law is present and it is she who gives us the above information. The defense attorney, Falah, did not show up. Mahmud Hassan replaced him at 11:30. We did not manage to get the date of the next hearing. Case no. 1436/04 – Hussein Zuhadi Daoud Zahaika ShahinProsecution: Sagi Ashkenazi (?)Defense: Fida Kawar (absent) Charge: Conspiracy to cause deathType of hearing: Pleading for sentence. The defendant’s parents are present (his sister arrived at the court compound but this time was not allowed into the courtroom. We have talked to her in the courtyard.Shahin is now kept at the Nizan prison at Ramleh. We have been following this case for many months now. In the meantime Hussein Shahin was found guilty and we are now waiting for sentencing.At 11:50 the defense lawyer is still not there. It turns out that he had asked, at 17:00 the day before, to postpone the verdict hearings. The court denied his request. However, today judge Tirosh consents to postpone the hearings. He asks the defense lawyer to explain the cause for his absence in writing. The hearing will be held on Tuesday, 23.1.07, at 9:30