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Dozens of kilograms of rape drug will be brought in and sentenced to service jobs: "allow them to recover"
The prosecution sought to impose on two defendants convicted of importing and trafficking tens of liters of the drug a sentence of about four years in prison.
However, the court accepted the probation service's recommendation that they should be relieved due to their difficult life circumstances and sentenced to 9 months of community service. "Hopefully they will seize the exceptional opportunity."
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Rape poison
community service
Daniel Dolev
Sunday, 20 December 2020, 22:09 Updated: Monday, 21 December 2020, 17:46
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Photography: Yoav Itiel, Editing: Nir Chen
Two defendants were convicted of importing and trafficking tens of liters of the "rape drug", but will not seek actual imprisonment.
The prosecution wanted to impose on them about four years in prison behind bars, but Judge Mordechai Levy of the Tel Aviv District Court was satisfied last week with nine months of service work.
He justified this by wanting to allow them to continue the rehabilitative procedure in which they began.
P., in his 40s, has worked for many years as a kosher supervisor in France, and as part of his work he used to fly from Israel to France frequently.
He was an online purchaser of GBL, known as the "rape drug" but also used as a party drug mainly in the gay community, and used his many flights to bring the drug into Israel.
P. would sell the drug to his friend, M., for about two thousand shekels per liter.
M. would distribute the drug to users in a much higher amount - about ten thousand shekels per liter.
The two were initially accused of importing hundreds of kilograms of the drug to Israel, but as part of a plea deal, some of the cases were deleted from the indictment, and the two pleaded guilty and were convicted - M. in multiple cases of drug trafficking, and P. in trafficking and importation.
The prosecution sought to sentence them to years of actual imprisonment.
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Hundreds of kilograms were charged with importing.
Rape drug smuggled through Ben Gurion Airport (Photo: Israel Police)
Judge Levy emphasized in the indictment the difficult circumstances of the two's lives, which were reflected in the surveys conducted for them by the probation service.
M., the sentence read, "recognized his homosexual orientation at the age of 11, but shared it with his surroundings only during his military service. Following the exposure of his sexual orientation, his mother severed ties with him for three years, which greatly affected his mental state and self-perception." .
Later, M. deteriorated to use drugs and began working in prostitution and the porn industry.
He is also infected with the HIV virus.
M., the probation service noted, described the moment of his arrest as a founding moment that saved his life.
After four months in detention, he was integrated into a therapeutic community for a year, and currently lives in a community-owned hostel and works in a factory.
The story of P.'s life is also complex and difficult.
He was born in France and grew up in an ultra-Orthodox school, until he began working as a kosher supervisor.
He got married, but after discovering that his wife was cheating on him, he started hanging out in gay clubs.
P. first married in the 1990s and a few months after his marriage he discovered that his wife was having an affair with other men.
"The defendant shared that this relationship was a shaky factor in his life and as a result he turned to places that would forget the pain and frustration," the probation service surveys read.
"P. began to lead a double life, in which in parallel with his ultra-Orthodox lifestyle, he began to go to gay clubs and drink alcohol in an uncontrolled manner. He also discovered at some point that he was infected with HIV."
"Have undergone a profound change in the way of thinking"
The probation service noted favorably the rehabilitative procedure that M and F began to go through during their trial, and believed that both should be punished with not actual imprisonment, but service work, so as not to impair their rehabilitation procedure.
For example, the probation service wrote about P.: "He is now in the midst of a significant and proactive therapeutic procedure, expresses therapeutic motivation for therapeutic integration in our service, and takes full responsibility for his actions and shows understanding for their severity."
The prosecution sought to impose lengthy prison sentences on the two, but Judge Levy accepted the probation service's recommendation.
"In this case, the two defendants have come a long way in the rehabilitation process, they are motivated to continue to rehabilitate their lives and back it up with actual acts," he wrote in the sentence.
"In the case of both defendants, there is a high rehabilitative potential and there are some indications of the profound change that has taken place in the behavior and way of thinking of each of them."
"It is to be hoped that the defendants will indeed seize the exceptional opportunity given to them to persevere in the rehabilitation process," the judge continued, "and that they will continue to seek the help of caregivers and their immediate family who accompany and support them, Themselves and their environment, and in this way the public interest will also be rewarded. "
The two defendants were finally given nine months of community service, along with a suspended sentence, a fine of NIS 15,000, and a probation order for one and two years.
"The court rejected the prosecutor's strict position." Attorneys Fried and Gabay
Attorneys Yehuda Fried and Tal Gabay, from the Fried-Gabay law firm, who represented P., stated: "We welcome the fact that our arguments were accepted and indeed the court refrained from imposing a prison sentence on our client and thus rejected the prosecutor's harsh position of several years. We will recall that the original indictment was amended in a very significant manner in light of our claim of evidentiary difficulties that we pointed out during the conduct of the proceedings. "
The State Attorney's Office stated in response that "these days we are studying the sentence, in the near future a decision will be made whether to appeal the sentence."
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