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The strange story of two identical names, one identity number - and a big mess with the police

A man was arrested for driving a vehicle without a test, and provided an ID number of a friend whose name is the same.

Even after admitting and being sent under house arrest, police refused to admit her mistake and overturn a verdict on a fine and a suspended sentence.

The judge criticized severely: "Acted unreasonably and in the absence of communication"

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• Israel Police

David Rosenthal

Monday, 23 November 2020, 12:56

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In the video: Documentation of citizens cursing police officers (from social networks)

The bizarre saga before us takes place in 2019, so a driver is asked to stop at the side of the road for a routine document check.

A brief tap on the police terminal reveals that the vehicle has not been tested for more than a year.

The indictment booklet of the Israel Police states that this is an offense that requires a summons to court.

At this point, the police officer asks the driver for the driver's identifying details, and this, without being confused, gives him the ID number of his good friend, who also happens to hold the same first name.

The policeman, who did not bother to do the bare minimum and to cross-check the image that appears at the terminal regime and the face of the driver, plays report includes subpoena and releases the driver on his way.

A few days later, guilt began to nest in the mind of the guy who could not find rest since embroiled Connect a crime that did not commit. he came on his own initiative to the police station, poured out his heart to the investigator and shared the details of the case. the policeman stopped the guy, sent the decision of an officer under house arrest, to Think carefully about his behavior unacceptable.

any reasonable person can understand that at this point On the timeline, the police were required to take a simple action: update the prosecution department that the indictment was filed against an innocent citizen and should be dismissed immediately, but for some unknown reason this was not done and within a week of the report being heard in traffic court, in the defendant's absence. Which ultimately ordered the innocent member to pay a fine of NIS 1,500 along with a penalty of conditional disqualification.

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A sequence of failures of the Israel Police

The poor guy, who was convicted of no wrongdoing, filed a motion to set aside the verdict, through his attorney, David Aricha, an expert in traffic law, in which he claimed that he did not receive the summons at all and even more serious - that another person impersonated him at the time of the offense. Not at all the owner of the vehicle.

But instead of the police admitting their mistake and bringing the saga to an end, they opposed the request to cancel the PSD claiming that no affidavit of the vehicle owner was attached. To remind you, the vehicle does not belong to the defendant and naturally has no way of knowing who it belongs to. The policeman in the field using a picture that appears in the terminal.

In view of her insistence, Adv. Aricha submitted a request for the investigation materials, including vehicle details, etc., but the police refused to transfer them. It took several more months and quite a bit of time resources that the attorney devoted to getting the police to perform the requested action - ordering her to return. In it the indictment.

A tort claim will also be filed against the police.

Adv. David Aricha

In light of the negligent conduct, the defendant's attorney took action during which he applied to the court requesting that he oblige the police to compensate his client for the injustice he caused him.

Allegedly, she had to plead guilty and agree to pay some amount of compensation but she continued to insist that her actions were not flawed.

Yes, this is a sequence of puzzling actions.

This is also what Judge Attila (Atlia) Vishkin of the Central District Traffic Court thought, who discussed the case and wrote in the decision: "It must be stated that the investigation unit was negligent in that near the impostor's confession, To close the case. "

Judge Vishkin rejected the police's claim that the indictment was dropped at the first opportunity, and that she believes the stage at which the indictment was dropped is the responsibility of the police who acted "unreasonably and in the absence of communication between the investigations and the prosecution."

According to Adv. David Arikha, "There is no doubt that this is an exceptional event that teaches us that identification by terminal and image does not establish a strong sense of identification. I sincerely hope that the Israel Police, which usually does its job faithfully, will sharpen its procedures and draw lessons." In addition, the amount decided does not reflect the full extent of the damage caused to my client and a tort claim will soon be filed against the police. "

And thus almost brought to an end the unnecessary saga, in which the police were obliged to pay compensation.

And from whose pocket will they be paid?

Out of the pocket of all taxpayers.

According to the annual report of the Israel Police, in 2019 it paid a total of NIS 12,609,096 due to lawsuits and other incidents.

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