• Tourism

• news

The hiker who walked the marked path and was sued by RTG, is acquitted of all charges

For the past 4 years, the Nature and Parks Authority has been conducting a lawsuit against the guide, Dr. Moish Maoz, claiming that he "went down a path" when it was actually marked. Now, after being dragged between several courts, he wins. Maoz: "Failed to sew a case for me." C: "We will decide whether to file an appeal"

Tags

• Nature and Parks Authority

• Travelers

• Trails

• Ein Gedi

Yoav Itiel

Wednesday, 09 June 2021, 08:27 Updated: 09:25

• Share on Facebook

• Share on WhatsApp

• Share in general

• Share in general

• Share on Twitter

• Share on Email

0 comments

A resounding acquittal to Dr. Moish Maoz, one of Israel's oldest guides, after the Nature and Parks Authority dragged him into a four-year legal battle in which she insisted on convicting him of "walking and inventions off the marked trails" in a nature reserve,

as published in Walla! Tourism

. Justice in Kiryat Gat, Judge Noga Shmueli-Mayer, acquitted him "if only because of doubt" in a reasoned 30-page ruling in which her decision opens with a song.

The issue at the heart of the trial is

whether a "marked path" is a path marked in the field, The law when a path marked in the field is canceled on the maps.

"Just as the lyrics say, we also have two paths, one marked and the other not," the judge quoted from the famous poem by poet Robert Frost, considered one of the most important American poets to win four Pulitzer Prizes, "but in fact, it is the same path the defendant walked and led a group of hikers." Anub in the Judean Desert Nature Reserve, and I was sentenced to decide whether the defendant's choice of lilac path was the right choice, when he said it was a marked path in the area he had walked for years and had never been canceled, or whether the accused had to choose not to walk on this path which is not considered "Marked on a map or in the field as permitted for walking. In addition to these, the court will have to decide whether the defendant was equipped with an updated trail map on the path he chose to walk."

"When the authority seeks to revoke a trail marking in the field, it does so operatively by deleting the previous markings in gray or placing a sign prohibiting entry to the trail in a positive manner," the judge ruled. "Entry into the trail - then, a combination of all these variables leaves doubt as to whether the cancellation of the trail as permitted for walking in the area itself was done as required, and hence, there is doubt as to the accusatory thesis that the trail previously marked as a permitted walk was canceled."

More on Walla!

The Supreme Court ruled: A walk on a marked path is what determines, not the map

To the full article

More on Walla!

• Download and free: Travel maps in the country that you must have on your smartphone

• The new hiking trail of the Negev, located on the Egyptian border

• Opening season: everything you need to know about the Israel Trail

• The pain can be overcome by walking with home treatment and comfortable for up to an hour a day

"The hallucinatory indictment."

The guide Moish Maoz (Photo: Walla !, courtesy of the photographer)

"I no longer remember how many judges we passed on the way"

"The confrontation between us and RTG took place, in parallel with the criminal trial, also in the Jerusalem District Court and later - in the Supreme Court," recalls attorney Ariel Atari, who represented Dr. Maoz. "In the Supreme Court, RTG folded and agreed that the trail marking maps are not important, but what is marked in the field."

Moishe's criminal trial began in the Ashkelon Magistrate's Court, continued in the Be'er Sheva court and he and Adv. Atari did their last part in the Industrial Court Of Kerry. "At one point in the trial I thought there was something symbolic about the trip we made between the courts in the south," describes Attorney Atari, himself a die-hard desert hiking enthusiast. I just know that every judge we met on his way repeated the same mantra: 'You have no chance!', 'You're wrong!', 'Thank you and be done with it!'. I understood them all. It was clear to me that none of them were willing to put in the effort.None of the judges thought outside the box. Some of them were under the impression that they had never walked in the desert either. "

Moishe first testified that he completed his doctorate during the trial. Moishe testified that he had been walking on this trail for decades, that the trail was marked with colored markers, today, and that he had appeared on trail trail maps, in the past. He claimed the trail was never canceled - and what, in general, is wanted from his life.

"I was debating who else to invite on our behalf," Atari recalls, "because I know that sometimes too much is too little - I chose one, only: the geologist Lior Inmer who is also a tour guide of supreme grace. Lior and Moish stood out in the courtroom against the courtyard's tie-dyed landscape Lior also arrived in field sandals, long hair scattered everywhere and a ridiculous corona mask in a shocking pink color. Lior explained to the judge what paths are marked and how to eliminate them in the field. Lior explained that trail markings also fade because of all kinds of rude animals in nature. Of course, use more colorful and juicy words that made the judge raise an eyebrow and try to understand where he fell on her. "

Marking the path in the Judean Desert, for which the guide was prosecuted (Photo: Walla !, Dr. Moish Maoz)

Although the judge rejected some of the material defense arguments, but in the bottom line, she was persuaded by Adv. Ariel Atari's arguments while making

a number of statements of principle concerning everyone who loves nature and hiking in the State of Israel -

first,

so that a nature reserve is considered a "marked path" You are allowed to walk - it is enough for the trail to be marked in the field. It is equally sufficient that it appears on a trail marking map. You do not need the two things together. "In Moishe's trial, the trail did not appear in an up-to-date trail marking map but since we showed pictures. Moishe wins, "he emphasizes.

Secondly

, in

order for a marked trail to be canceled - it must be canceled both in the trail marking map and in the field of deleting its markings. It is not sufficient to delete the trail from trail marking maps." In our case,"The trail was deleted from the maps, but since there were stones left in the area, the judge ruled that it was not possible to say that the trail had been canceled," he noted.

Third,

trail markers whose paint has faded, worn, or peeled are still considered trail markers for all intents and purposes.

Fourth, a

trail will be considered marked in the field even if the first marked stone in the path appears hundreds of feet after it begins.

Fifth thing,

for a trail to be considered a marked trail where walking is allowed - the marking in the field does not have to be 'clear, consistent and unambiguous'. The markings may be spaced or dense. "In Moishe's trial we pointed out that there were only five stones, along the route that lasted many miles," he recalls.

Sixth point,

how do you remove trail markings that are painted on stones in the field ?! The court accepted the claim of Adv. Atari Shertag that it eliminates the marking of paths in the area by covering the original marking in gray or placing signs prohibiting entry to the path.

"

Seventh point

"I was interested in the claim I made, according to which if a road marking map marks a road as a road for SUVs - how can it be claimed that it is not a 'marked path'?" He said, "The judge said it was a beautiful claim but left it undecided until next time."

Is there marking in the field?

It is allowed to walk the route.

The new Nitzana opening path (Photo: Dana Avidan)

"The Nature and Parks Authority tried and failed to sew a file for me"

"It is clear to me, beyond any doubt, that the Nature and Parks Authority tried and failed to sew a case for me on the basis of an unfounded, false and delusional indictment, without any evidence to support its arguments and it all came from personal persecution and a foolish attempt to incriminate me." Dr. Moshe "Moish" Maoz in reference to his acquittal. "I and my peers, the terrain hikers who know every dirt field in this country, are a recurring target of RTG to harass and confront us. Our victory in the Supreme Court and the ruling according to which what determines is the marking in the field and not the map , Only reinforced the weakness of RTG's arguments.

"This is a matter that has developed into a humiliating investigation with abusive expressions, into an illusory indictment, into more than four years of hearings that, as time went on, strengthened my position and the position of Adv. Ariel Atari, a man of his stature and above, who represented me with incredible professionalism." "And refuted her unfounded arguments. This sweet victory proved and gave a final seal to the wrong way of RTG and it is highly desirable that it change from the establishment to Tefahot its conduct towards the public loyalists and lovers of love of the land and become from enemy to lover." The

Nature and Parks Authority said in response

. You will study the verdict and later decide whether to file an appeal. "

When Frost arrived in Kiryat Gat.

Quote from the song from the discussion of the decision against Maoz (Photo: screenshot, screenshot)

The Path Not Selected / Robert Frost

Sni Sbilim Nfrdo Biar Tzhb,

Ac go Bsnim, Hrhrti Batzb,

Ainni it beats - Az I stopped Lhsb,

we progressed El Hahd Mbti Lla terminal

whither Sftolio Nalmo Basb;

Then I turned to the other, asking for a comparison,

if it is more appropriate, because it is also so

beautiful

,

abundant in greenery, and little trace;

Ac both of them Hio Ntibot Azobot

Smdrc Hholc in them Shkm-fifty,

and Bbkr that one Hstrao Lkrati

Bslct Sais not Hshir At Fnih.

Oh, the first - for the next day I was baptized!

But I knew that a path would lead to a path, and I

doubted if I would ever come back here again.

Ai-sm, Ai-fam, not excluding Anhot

Bhlf Hsnim Asfr Zat Bkol:

Sni Sbilim Biar, Lbhr Ao Ldhot -

Ac Fniti careful with it Sdrco Bo minus,

and Zh Hhbdl Ssnh At everybody.

• Share on Facebook

• Share on WhatsApp

• Share in general

• Share in general

• Share on Twitter

• Share on Email

0 comments