Ofer - Plea Bargain, Stone Throwing

Translation: Marganit W.

Follow-up on cases reported earlier.

Sausan Mahmud Hussein Hamamda– ID 8526341 - Case 5487/11

Judge: Major Meir Vigiser

Prosecutor: Major Nathanel Kola

Defense: Atty. Nery Ramati

[See previous report regarding Sausan’s case]

Sausan came to court from her village Umm-Fakara in South Hebron Mountain, accompanied by her father. Present in the court were two activists from “The Village Group” and one (f.) activist from the “Women Prisoners Committee”.

Eventually, Sausan was obliged to accept a plea bargain: she admitted attacking a BP officer (with a rock, as specified by the indictment), but she rejected the claim that she had been warned by soldiers – in Arabic – during the incident, and she also rejected the claim that she tried once again to beat the soldier with a rock.

In his decision the judge wrote that “understandably, the accused was upset… due to the fact that her house was about to be demolished…”

Sentence: 8 days of time served, to coincide with her detention, plus one month suspended sentence for two years, plus 3000 shekel fine (deducted from the 5000 shekel deposit).

Sausan’s cousin, Amal Hamada, a minor, who was arrested with her, was not charged.

Amir Ibrahim Haled Sabarne– ID 852783190 – Case 5001/11, a resident of Beit Ummar

Judge: Major Meir Vigiser

Prosecutor: Lieutenant Avishai Kaplan

Defense: Nery Ramati

(See previous report regarding his case)

Amir’s father was present in court.

Several witnesses for the prosecution were summoned to testify today. Again, 2 witnesses – both soldiers – did not show up. The excuse was that the summons had been sent to their commander, not to them. Another witness was delayed, sending word that he would appear at noon. Another witness was at the gate, but the prosecution requested half an hour to brief him before his testimony. Thus, much time was wasted, while the accused sat on the bench, his feet shackled, visibly uncomfortable. [Reminder: the man was shot in the back when he was arrested and one of his lungs was injured].

The only witness to report to court was the 17-year old minor, Muhammad Bahar (who was at large) who had also taken part in the protest at Beit Ummar on 12.10.11.

During his examination the witness was asked what he saw when the soldier shot at Amir, and whether he – Muhammad – held a rock in his hand that he was about to hurl at the soldier. The witness recanted what he had said to the police, claiming that the soldier was standing on his feet when he shot Amir (not lying down as he had told the police). He explained why today he was giving another version: before he was brought to the police, he had been interrogated (twice) by people who beat him; he ended up telling the police what they wanted to hear, fearing they would send him back to those who had beaten him.

The witness’s examination continued in the afternoon. Then 2 soldiers were brought in to testify about what had happened during the demonstration. This evidentiary hearing went on and on, and at one point the defendant collapsed and lay on the floor spitting blood. A medic was called and Amir was taken out on a stretcher.
We reported the case to Doctors for Human Rights.

The evidentiary hearing will continue on 26.12.11, morning and afternoon sessions. If the case is not concluded, another hearing was set for 2.1.12.

Mustafa Muhammad Yusuf Odeh– ID 976862854 – Case 5406/11, resident of Wallaje,

50 years old  

(See previous report regarding his case)

Judge: Sergeant-major Ronen Atzmon

Prosecutor: Atty. Major Orit Pargi Bechar

Defense: Atty. Nery Ramati

The defendant’s mother was present during the proceeding.

A BP testified for the prosecution. He gave an eyewitness testimony of the incident:

“The witness was acting up when he was arrested. He fought with the policeman and fell with him from a height of 2 meters [the BP officer was injured – he is the one lodging the complaint].

-Who pushed whom?

-The policeman was closer to the crag, so apparently the defendant pushed the officer…

In cross-examination the witness admits that he did not see “an actual push”.

The prosecution presents a film taken by one of the protesters [Mazin Qumsiyeh, also arrested during the protest, but released a day later]. In the film the defendant is seen falling together with the officer.

After viewing the film, the prosecutor said, “We still maintain that the defendant caused the officer’s fall from the terrace, even if the court finds that the defendant was the first to fall down…”

An evidentiary hearing of the case is set for 2.1.12., when the injured BP officer is scheduled to testify.