Ofer - Release on Bail, Stone Throwing

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Observers: 
Norah Orlow (reporting)
Apr-27-2015
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Morning

Translation: Marganit W.

 

Due to the Druze holiday of Nabi Shoaib, activity at the court was reduced to a minimum this week, chiefly because most of the interpreters are Druze.

Thus, there were mostly remand extensions and one appeal.

 

In the only courtroom that was open today, one judge, Lieut.-Col. Shmuel Keidar - conducted all the hearings.

Present were also one Jewish interpreter, a typist and attorneys.

Most cases involved Palestinians staying illegally inside Israel, using false IDs or throwing rocks.

 

Ismail Daoud Abd Al-Kader Jubarin,  ID 853565851 - Case 3186/15

Prosecutor: Captain Yitzhak Ungar

Defense: Atty. Abdullah Merar

Charge: Entering Israel using a fake permit

 

The prosecutor requests remand extension until the conclusion of the proceedings.

The defendant admits buying a permit for 1000 shekels from someone unknown to him, but he claims that he did not know the permit was a forgery. The prosecutor discounts this claim, in view of the fact that the defendant managed once before to enter Israel undetected, and on his second attempt was caught by soldiers. The man poses risk to security in the region, as well as flight risk, since he is likely to get a jail sentence.

 

Defense: The defendant had no idea that the permit was false. His client has no prior record.

 

Judge’s Decision: Considering the defendant has no criminal record, and the fact that there is no evidence disproving his claim that this is his second attempt to enter Israel, he poses no danger, and so alternative to jail can be considered.

The judge ordered to release the defendant under the following conditions:

7000-shekel deposit plus 3000-shekel third party guarantee by a holder of a legitimate entry permit to Israel or an Israeli ID.

Arraignment hearing before Justice Liut.-Col. Menahem Lieberman is set for 3.6.15.

 

Another case of illegal entry through a hole in the separation wall that occurred on 12.3.15 was that of

Daoud Muhammad Tawfiq Alradaida, ID 941165870 - Case 2427/15.

His brother, accused of the same violation, was tried separately.

 

The defendant accompanied his brother who needed medical treatment in Israel.

In 2013 he had committed the same violation for the same reason.

In that earlier case both were given suspended sentences for 30 months, and that sentence can be activated today.

The prosecution wants the suspended sentence applied now, plus a 2000 shekel fine. The defense moves to extend the suspension and impose only a monetary fine.

 

The judge decided to adopt an earlier decision by Justice Rani Amar, who sentenced Daoud’s brother Ali to an extended suspended sentence and a 1000-shekel fine.

The defendant has so far been in detention for 47 days, while his brother sat for only 31 days, Justice Keidar pointed out. Thus, Daoud received a 3-year extension on his suspended sentence plus 1000-shekel fine, or one month in jail.

 

Another hearing I was interested in (that was the reason for my visit here today) was the remand extension of

Muhammad Abu Rahme from Bil’in.

Muhammad was arrested a few days earlier at Allenby Bridge on his way to Mecca. There is a complicated list of charges against him, and Attorney Nery Ramati moves to postpone the hearing until Wed. 29.4.15 in the afternoon.

We shall follow up.

 

In the yard several dozens families were waiting. Among them were 6 women from the village of Hussan who came to see their children (aged 14 and 15) who were arrested a week earlier for throwing rocks.

Six more minors languishing in Israeli detention centers.