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In publishing the name of the suspect in the attempted murder of his wife, the court simply implemented the law - Walla! news

2020-09-29T18:02:45.476Z


The publication of the details of Aviad Moshe, who is suspected of stabbing his wife in Mitzpe Ramon, did not come after a decision that was aided by a complex and innovative legal interpretation, but simply by correcting an unusual mistake. The suspect did not present any extraordinary damage that would be caused to him due to the publication of his name, and the district reversed the decision which provoked much public outrage


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In publishing the name of the suspect in the attempted murder of his wife, the court merely applied the law

The publication of the details of Aviad Moshe, who is suspected of stabbing his wife in Mitzpe Ramon, did not come after a decision that was aided by a complex and innovative legal interpretation, but simply by correcting an unusual mistake.

The suspect did not present any extraordinary damage that would be caused to him due to the publication of his name, and the district reversed the decision which provoked much public outrage

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  • Mitzpe Ramon

  • Attempted murder

  • Beer Sheva District Court

Daniel Dolev

Tuesday, 29 September 2020, 20:47

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In the video: Discussion of the publication of the name of the suspect in the murder of his wife in Mitzpe Ramon (Editing: Nir Chen)

Judge Ariel Vago of the Be'er Sheva District Court, which today (Tuesday) allowed the name of Aviad Moshe, who is suspected of attempting to murder his wife, to be published - corrected the "creative reversal" in the decision of Justice of the Peace George Amorai, who banned the publication.

This was not a decision that was aided by a complex and innovative legal interpretation, or brought to the courtroom the views of thinkers and jurists.

He simply applied the law.



Last week, Judge Amorai accepted the request of the suspect Moshe - who seriously injured his wife in front of their daughter - and banned the publication of his name.

This is despite the fact that the woman, the victim of the crime, asked for the name to be published and the police did not object to this and claimed that this would not harm the investigation.

Moshe himself accepted the right to speak at the hearing and argued before the judge: "This case should first be examined in depth in detail and only after that pay attention to the publication. The easiest is to ruin a career and reputation of 45 years. There will always be time to publish it. It's not the time right now. "

More on Walla!

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The decision to ban the publication of his name caused a stir.

The suspect Aviad Moshe

The decision provoked outrage on social media, due to what was perceived as preferring the right of the male suspect to a good name over the woman's desire - that she be the victim of the crime.

Following the wave of reactions, Walla!

NEWS and other media outlets on the decision, and asked to publish Moshe's name.



Judge Vago, who heard the appeal, did not comment at all on reactions on social media or in public, nor did he mention the words of former Supreme Court President Dorit Beinisch, who criticized the publication ban in an interview with Network B.

But he did clarify the serious legal error made in the Magistrates' Court decision, and corrected it.



Judge Amorai wrote in the restraining order that "at this stage in the publication the name of the respondent does not contribute to the establishment and promotion of the public interest, and therefore the court does not allow the name of the suspect to be published."

But according to the law and rules established by the Supreme Court over the years, there is no need to prove that the publication will promote any public interest.

More on Walla!

NEWS

Permitted for publication: Aviad Moshe is the man suspected of attempting to murder his wife in Mitzpe Ramon

To the full article

"There is no basis for any reason enshrined in law to prohibit the publication of the respondent's identity."

Beer Sheva District (Photo: Nati Shochat, Flash 90)

The default provided by law is that a legal proceeding is conducted in public, and after 48 hours it is permissible to publish the name of the suspect.

Only if the same suspect seeks to prevent the publication - he must prove that he will be caused more serious damage due to the publication than any suspect will be caused naturally by the publication of his name.

And it did not happen.



"There is no basis for any reason enshrined in law to prohibit the publication of the identity of the respondent (Moshe D.D.)," the judge and Ego concluded, with the statutory default being to allow publication and the prohibition is the exception. It must be abolished. "

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Source: walla

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