Ofer - Plea Bargain, Stone Throwing

Translation: Marganit W.

Justice Etty Adar’s Court:

All the cases we witnessed in court today ended in plea bargains. All the plea bargains were accepted by the court, which stated, however, that the cases presented evidentiary problems. In spite of this statement, all the indicted detainees – with or without evidence against them – were found guilty. The revised indictment, agreed upon by the sides to the plea bargain, circumvents the lack-of-evidence issue. The court, it seems, has found another way to indict a defendant even when there is no real evidence of crime: mete a lighter punishment. We saw this in six out of the seven cases described below, especially in the case of Gandi Aabido, in which the sides, encouraged by the judge, agreed to change the facts describing the charge and agree to a lighter sentence..

Gandi Ramadan Mussa Aabido, ID905670683 –Case 1197/12

Defense: Iliya Theodory

Charge: Attempt to trade in combat materiel between 2009 and 2010

According to the revised charge sheet the defendant approached one, Watad Kanaby with an offer to sell him a hunting rifle. The deal fell through because of the price the seller quoted to the prospective buyer.

According to the agreement before the court, a suspended sentence can be put into effect for a prior charge – also involving trading in combat materiel. The hearing in that case took place on 16.5.04, when the defendant received a suspended sentence of 15 months for 5 years.

The defendant was released from jail on 21.2.2005. The judge informed the two sides that if the present violation had been carried out by the defendant in June 2010, then the suspended sentence was no longer valid and cannot be put into effect. The sides agreed to change the charge sheet to state that the present violation was committed by the defendant in 2009. The judge verified that the defendant agreed to the modification.

The defense argued that the plea bargain was warranted because of evidentiary problems in this case: in the event, there was no sale of a shotgun and the defendant accepted the charge. A 15 month suspended sentence has a deterrent effect.

The court accepted these arguments. Add to that the fact that the defendant has been in jail for 5 months. Thus, the court ordered the extension of 15-month suspended sentence (Court Case No. 3752/03) by 3 additional years.

In addition there was a fine of 2500 shekels or a 2.5-month in jail.

Shadi Ahmad Abas Abu Maria, ID851217463 –Case 1832/12

(released on bail)

Defense: Iliya Theodory

Charge: throwing objects between 2007 and 2009. The defendant threw rocks at security forces in Beit Ummar and Al-Aroub.

The court accepted the plea bargain, taking into account that at least 3 years had elapsed since the incident, during which time the defendant did not repeat the offense.

Sentence: 6 months suspended sentence for three years and 800-shekel fine.

Fares Haled Ibrahim Hajj Muhammad,  ID854004397 –Case No.1974/12

Defense: Iliya Theodory

Charges:

1. Violation of an injunction regarding a secured area. Sometime between 2009 and the day of his arrest, the defendant left his residence and entered Moshav Tomer without a permit.

2. Throwing objects. In June 2011, together with others, he threw rocks at security forces in Al-Mreir.

The court accepted the plea bargain and handed down a sentence of 5 months in jail plus a suspended sentence of 3 months for 2 years for leaving the area illegally, and 6 months for throwing objects (I think for 3 years).

In addition there is a 1500 shekel fine.

Muhammad Walid Issa Alharimi,ID 853672186, Case 1763/12

Defense: Muhammad Shaheen

Charges:

1. In2012 he threw an incendiary object at a jeep passing on the road (together with Muhammad Riad).

2. InJanuary 2012 he attempted to manufacture and hold combat materiel in Bethlehem. This was done using a fire extinguisher, but he was arrested before he completing the task.

3. [Again, together with Muhammad Riad], Conspiracy to willfully cause death in Bethlehem. The defendant and his collaborator took an Egged bus to Jerusalem. They were carrying knives and planned to stab and kill a soldier who asked for their IDs. They did not carry out their plot because Muhammad got cold feet.

The court accepted the plea bargain because the defendant has no prior convictions and because he accepted the charges, as well as for the principle of “equality before the law” (meting out the same sentences for the same crimes). His partner in crime got 22 months in jail. The prosecution stated that the conspiracy to commit murder was limited to statements and talk, and did not proceed toward action.

Thus, the sentence was: 24 months of jail time plus 4000 shekel fine and suspended sentence of 18 months for 5 years if he repeats the offense in this case or commits another offense involving intention to harm another person.

In addition, he received a 10 month suspended sentence for 5 years if he repeats the offense of throwing objects.

Samer Jamal Mahmoud Madiya, ID85180437 - Case 2280/12

Defense: Iliya Theorody

Samer was arrested in March 2012 near the Cave of the Patriarchs in Hebron holding a knife with 15-cm long blade. He is charged with assault, or an attempted assault.

The court accepted a plea bargain agreed upon by both sides. It states that the defendant does not admit to planning an assault: he explained that he had been under stress because of family problems. This evidentiary difficulty, together with a clean record and the time the court saved by the agreement led to the following sentence:

3 months in jail, 6 months suspended sentence and a 1000 shekel fine or a month in jail.

Asid Uni Mahmud Maatan,ID 911067528 -Case 1117/12

Defense: Iliya Theodory

Charge: membership and activity in an unlawful organization, in this case “Kutla Al Islamiya” – a students cell associated with Hamas. The membership ceased in 2011 and the prosecution has trouble proving the charge for which the defendant has already been in jail for 5 months.

Following an agreement the court’s decision was: extending by two years the suspended sentence for a previous case and a 3500 shekel fine.

Fatma Al-zahara Muhammad Rafat Rashad,ID 859772154 –

Case No. 549?/ 12

(released on bail)

Defense: Nuar Abu Omar

Charge: membership and activity in an unlawful organization.

In 2011 Fatma was a student at Hebron University and for a short period she was a member of “Kutla Al- Islamiya”.

The sides reached an agreement and the sentence was:

5 months suspended sentence for 4 years for each violation relating to membership and activity in an unlawful organization, plus s 2000 shekel fine.