Ofer - Stone Throwing, Holding and trading of combat materiel

Translation: Marganit W.

Jihad Jama Salme Gandi, ID 854580578 - Case 1324/12

Defense: Atty. Ilya Teodory

Charge: Throwing paint on a military jeep

Decision (following a plea bargain that took into account the defendant’s young age and his admission of guilt): 10 months of time served, plus suspended sentence (I did not hear for how long) and 2000 shekel fine or 2 months in jail.

Ayman Ahmad Suleiman Al-Asam, ID 903892867- Case. 4730/11

Defense: Atty Ahlam Hadad

Charge: membership in Hamas and transferring funds to the organization

The defense requests postponement to complete negotiations with the prosecution. The judge asks that in the next hearing the defense will respond to the charges. The defense requests that the defendant remain in court since his mother, present in court, has come from Jordan especially to see her son. The defendant asks permission to shake hands with his mother. The judge reiterates that she has no authority to decide in the matter and turns the request to the GSS. The GSS officers who are present in court decline, and the judge summons GSS  Officer Avi Mann to decide. He, too, refuses, arguing that he cannot make an exception for one defendant, but after repeated requests, he relents, provided there be only a handshake. “I know,” he says ”they ask for a handshake, and then there are hugs and kisses.” Indeed, this is what happened. The defendant, visibly moved, thanked the court for the permission to touch his mother. (Imagine, thanking the court for that!).

Muhammad Mahmud Asad Lulu, ID 85340979 - Case 1849/12

Defense: Ismail Tawil

Charge: Possessing and trading in combat materiel

Decision (following a plea bargain that took into account the clean record and the admission by the defendant): the conviction is based on admission that at the beginning of 2011 the accused and others built an improvised gun and then fired a few shots to test it.

Sentence: 4 months of time served, plus 3 months suspended sentence for 3 years for throwing rocks, and 6 months suspended sentence for 5 years for the gun possession plus

a 3000 shekel fine.

The judge points out that the sentence is lenient based on the clean record, yet she stresses that it is not exorbitant.

Ali Muhammad Mahmud Kamer, ID 859901456 - Case No. 1841/12

Defense: Atty. Ismail Tawil

Arraignment: 4 counts of indictment for possession and trading in combat materiel

The defense requests a postponement: the defendant is a minor. The prosecution objects.

Next hearing set for 18.4.12 in front of Justice Sharon Rivlin-Ahai.

Daoud Suleiman Daoud Habub, ID 852366160 - Case No.1801/12

Defense: Atty. Ismail Tawil

Charges: rock throwing at IDF soldiers at Qalandiya Checkpoint, 7 counts of trading in combat materiel.

The defense requests a postponement (I did not hear the date for the next hearing).

Fares Muhammad Fares Sakar, ID 854000338 - Case No. 1850/12

Defense: Atty. Ismail Tawil

Charges: 11 counts starting in 2008: 4 charges of throwing objects at Israeli forces, 7 counts of manufacturing, possessing and trading in combat materiel and ammunition.

Justice Sharon Rivlin-Ahai’s Court

Wazim Ribhi Muhammad Daed

Defense:  Atty. Ahlam Hadad

Charge: throwing rocks

The defense argued that only 15 minutes of the interrogation were recorded on audio. Parts of the interrogation were not transcribed even though they were on the cassette. The interrogation was full of shouts and threats: the minor was not allowed to consult a lawyer and no parent was present during the interrogation. The soldiers claimed that five boys had been involved, but they captured only three. The defendant was beaten by the soldiers and a complained was filed. He signed the statement under threats.

The boy does not admit to the charges. He was incriminated by others.

Evidentiary hearing – with witnesses – is set for 16.4.12 (delayed because of Passover).

Wahab Abu Maria from Hebron

Defense: Atty. Muhammad Shaheen

Following a plea bargain only one charge remains in the indictment: throwing rocks at security forces. The defendant has no prior record and he accepted the charges. There was no conclusive evidence (and yet he is still convicted??!)

Sentence: 61 one days in prison, suspended sentence of 4 month for three years and a fine of 1000 shekels.

The defendant remained in custody all this time because he had no money for the deposit. He expressed a wish to go back to his studies.