Ofer - Plea Bargain, Holding and trading of combat materiel

Translation: Marganit W.

General comments: the trial of Fadel Tamimi (released on bail) was scheduled for 9:30 in Justice Fleischman’s court. For almost an hour we tried to obtain the relevant docket, then we realized his name was not on the list. This is not the first time something like this happens. Apparently, trying to come for a particular hearing is a bootless attempt.

Courtroom 4

Judge: Etty Adar

There were 20 hearings scheduled with a variety of charges.

Maher Makrum Abed Alrahim Bourkan – Case No. 3405/11

Defense: Anwar Abu Omar

Charge: membership and activity in a hostile organization. The defense requests a deferment. The hearing is set for 17.8.11. The detainee, who has been transferred from Etzion Detention Center to Ofer, requests that his personal effects be transferred with him. The judge makes a note of that.

Ahmed Ali Aliyan Al Radaida – Case No. 3135/11

Defense: Assam Mrar

Charge: Possession of stolen goods

The hearing was deferred to 21.9.11.

Ibrahim Othman Mahmoud Alhamuz – Case No. 3102/11. The detainee is released on bail and came from outside the detention center.

Defense: Hamzi Abu-Mazer

There is a revised charge sheet, following a plea bargain: In August 2009, the defendant bought a vehicle in Hebron– a Renault Express - without a license. He then put a fake license plate on it and drove it. The defendant accepts the charges. He is convicted of forging a license or ‘part of a vehicle’.

Grounds for plea bargain: The defendant is married with 4 children. Both sides request that the sentence be given later, after the defendant pays the fine (not specified).

Sentencing is set for 15.8.11 when the defendant will be summoned to court.

Omar Mahmoud Mumhad Rajoub – Case No. 1181/11

Defense: Tawheed Shaaban

There is a plea bargain. The revised charge sheet cites membership and activity in an unlawful association. From the beginning of 2006 until his arrest he had been a member of a Hamas cell under the leadership of Yunis Muhammad, another activist. Since 2008 he has been under another operative, Ayoub Hussein. He distributed posters, took part in Hamas parades, dressed in uniform and face cover. At the beginning of December 2010 he contacted Ayoub Hussein in order to organize activities commemorating Hamas inception day. He requested flags and posters, but he was arrested before he could carry out his plan. Grounds for plea bargain: the defendant has no prior record; he accepted the charges, and his activity consisted only of hanging posters and marching in parades. There was also evidentiary difficulty (which, however, was no ground for dismissing the charges).

During the plea bargain, the defendant recanted his denial of the charges.

Sentence: He is convicted of membership and activity in an unlawful association. 15 months in jail, 12 month suspended sentence for 5 years and 5000 shekel fine or 5 months in jail.

Here’s a peek into the working of the courts and the authorities of the prison security staff:

Atty. Shaaban represented several detainees in this court. At one point, he went out and brought in 3 members of the family of a detainee not yet in court. A few minutes later a prison guard noticed that the number of relatives in the court exceeded the allowed quota and stopped the proceeding to investigate who was there unlawfully. Shaaban was obliged to escort the three ‘unauthorized’ members out, only to let them in a short while later when their relative’s hearing began.

We also noticed that the prosecutor was talking on her cell phone incessantly, stopping only to present the penalties agreed upon in the plea bargain, then  resuming her phone conversation.

Ayoub Hussein Hassan Al Awada, Case No. 1004/11

Defense: Tawhid Shaaban

Upon agreement a memorandum hearing was set for 4.9.11.

Iham Muntazer Ahmed Alrahima, Court case No. 5314/10

Defense: Jamal Hatib

Charge: Membership and activity in a hostile organization

The defense requests a deferment to complete a plea bargain.

Mumhad Ibrahim Hassan Faroun – Case No. 1611/11

Defense: Jamal Hatib

Charge: Possessing and trading in combat materiel

The defense requests deferment until after Ramadan. A plea bargain is being negotiated. All the evidentiary material has been submitted.

Hearing set for 21.9.11.

Mussa Ali Abed Al Jalil Jabarin – Case No. 3021/11

Defense: Muhammad Shadfan

As per a plea bargain: the charge is possession of weapon since 2008. The defendant kept in his home in Sa’ir a sniper rifle M1, 3 cartridges and 16 62-mm bullets for use with that rifle. The weapon was captured during a search by security forces.

Grounds for plea bargain: The defendant has no criminal record; he accepted the charges, saving the court’s time. The rifle was bequeathed to him by his father and he did not use it for any security violation, nor did he intend to do so. The defendant is 45 years old, has two wives and 13 children.

Sentence: 7 months in jail, 2000 shekel fine or 2 month in jail, 10 months suspended sentence for 4 years if he commits another weapon related violation. (The defense said that the defendant fired the rifle once, but apparently with no intent to cause harm).

Muhammad Abed Alhamid Said Awad – Case No. 3061/11

Defense: Akram Samara

Charge: possession of combat materiel

The defense requests setting the pre-evidentiary memorandum hearing for after Ramadan.

Hearing set for 14.9.11.