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"Suffered from ongoing provocation": The head of the Julis council who was convicted of murder is appealing the verdict
Salman Amer's defense attorneys appealed to the Supreme Court on all charges, claiming that he acted in self-defense. ? "
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Julis
murder
Yoav Itiel
Thursday, January 28, 2021, 12:00 p.m.
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In the video: The former head of the Julis council who was convicted of murder (Shlomi Gabay) was sentenced to 20 years in prison
Former Julis council chairman Lt. Col. (Res.) Salman Amer appealed this morning (Thursday) to the Supreme Court on the verdict that sent him to 20 years in prison for the murder of a Kfar resident, landscaping contractor Munir Nabuani.
His defense attorneys, Roi Belcher and Guy Zeevi, explained in 91 pages why they believe his punishment and conviction are unjustified.
On appeal, Belcher and Zeevi ask the court to acquit Amer of all charges, stating that his actions that resulted in Nabuani's death were self-defense.
Alternatively, they seek to establish that Amer did not have an intent to kill his ex-boyfriend, and therefore he should be acquitted of first-degree murder and convicted of manslaughter.
According to them, even if this interpretation is not accepted, the imprisonment of the former head of the council should be significantly shortened, "in a manner appropriate to both the customary ruling and the exceptional circumstances of the tragic event."
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Continues to argue for self-defense.
Amer (Photo: Shlomi Gabay)
Defense attorneys claim that the ruling of the Haifa District Court is tainted with the accusation of "the victim, the assailant" - Amer himself.
According to them, the ruling "suffers from ignoring the meaning and essence of the murderous and violent attack that the deceased attacked Salman on the morning of September 5, 2016 in the parking lot of the council building", and "violates the fundamental agreement between the citizen and the law that the law protects the whole body and life Defend himself. "
The appeal alleges that other key circumstances ignored by the district court include the "sharp teasing in its intensity, quantity and scope of Salman's suffering, given the continuing and cumulative provocation, the inconceivable mask of harassment and threats for months, the deceased's follow-up with Salman's vehicle, "Salman's physical assault in his office on the council, aggravation of the deceased's behavior in the days leading up to the tragic event."
They also want to take into account the "threatening message the deceased sent to Salman on the morning of the tragic event, and the trigger in the form of the physical act of the deceased getting out of the vehicle with a thick wooden hand and lifting a few inches from Salman's head while shouting at him 'You must die'. "Towards Salman's head, and after Salman retreated to his vehicle, he used it to hit Salman twice and smashed his windows."
"What was the scenario that happened in those fateful seconds?"
Defense attorneys say many questions remain unanswered.
"What is the scenario that occurred in those tragic and fateful seconds in the parking lot of the council building, under the security cameras, and in broad daylight?", They wrote.
"Is the court's determination that Salman Amer cold-bloodedly murdered the deceased a proof at a level of proof beyond a reasonable doubt? What is the scenario that emerges in light of the reckless act story, the factual sequence that led to the incident, backed by a clear set of objective data?"
"In an instant, did Salman Amer, head of a local council in Israel, become a man who held sensitive and vital positions for the State of Israel in the security service, after months of showing sensitivity, patience and inclusion, a cold, calculated and cruel killer? Or did the deceased, following a series of acts of despair, threat And an explicit real assault, came to the parking lot of the council building to hit Salman while Salman was forced to defend himself against him? ”, They added.
The winds are still stormy.
Riots in the murder debate, 2017 (Photo: PR, Police Spokesman's Brigade)
Amer was convicted of murder, and acquitted of obstruction of justice.
In addition to the actual imprisonment, the panel sentenced the Haifa District Court, headed by President Dr. Ron Shapira, to a one-year suspended sentence and compensation to the deceased's family in the maximum amount set by law, NIS 258,000.
President Shapira, who wrote the verdict, noted "This is an incident based on erroneous judgment, which led to a deviation from the proportionality of the response, when danger could have been prevented by taking measures that would have provided self-defense to the defendant and prevented any subsequent disaster."
Before the sentence was handed down, the prosecution demanded a life sentence. Nabouani's family also expressed dissatisfaction with the sentence. When the court announced its decision, a riot broke out in the audience where they were sitting, and they broke out shouting "killer", "pig" and "life imprisonment". Objects were thrown from the bleachers at Amer and the lawyers representing him, and a mobile phone hit his head.
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