The state filed today (Thursday) in the Supreme Court an appeal against the decision of the District Court in Nazareth to electronically detain Roman Zadorov, accused of the murder of the late girl Tair Rada in 2006. The state claims in the appeal that one Zadorov is sentenced to remain in custody behind bars And escape during the conduct of the retrial, in view of the danger posed by it as well as the inherent fear of escape.
The appeal, filed through attorney Itamar Gelbfish of the Criminal Department of the State Attorney's Office, said the state believes that even at this stage there is prima facie evidence against Zadorov, and examining it against the other evidence that led to the retrial, did not change the general fabric of evidence. The balancing point regarding his detention: The decision to hold a retrial does not indicate that there is an "erosion" of evidence, as the district court concluded, but that the weight of the new evidence - expert opinion - should be examined in the retrial.
In the appeal, the state also claims that the danger that arises from the acts attributed to Zadorov, even over the years, is clear and extreme.
We were dealing with a particularly brutal murder, at school in the afternoon, of a 13-year-old girl.
According to the ruling, only in exceptional and rare cases will those charged with murder be released from actual detention - and this is not the case.
The state claims that the district court underestimated Zadorov's dangerousness and the fear that he will escape the trial - reasons that necessitate his arrest even after 15 years. The district in its decision, and between Zadorov's case, beyond the fact that they do not constitute a binding precedent.
In the case of the murderers of the late Danny Katz, it was determined in the decision to hold a retrial that the strict standard of "actual possibility" of a miscarriage of justice was met, which was not determined in relation to Zadorov.
As for the fear of escapes, the state claims that there is a built-in fear of escaping due to the expected punishment for Zadorov if convicted - even offsetting the 15 years he ran.
The state notes that Zadorov is a Ukrainian citizen who grew up in Ukraine until his early twenties, in a way that gives him tools to build his life there.
He does not hold Israeli citizenship and is in Israel as a temporary resident.
Finally, the state argues in the appeal that "even if the district court considered it appropriate to order Zadorov's arrest under electronic supervision, there was no room to do so without ordering a probation service review."
Only yesterday, the Nazareth District Court approved Roman Zadorov's request to be released under house arrest, as part of the retrial.
The prosecution has announced that it will seek a stay of execution of the decision to appeal to the Supreme Court.
Zadorov's defense attorney announced that he would not object to the delay in making the decision.
In addition, yesterday the prosecution requested an extension to file the amended indictment against Zadorov.
The judge whose voice sought the defense's response to the motion by next Sunday, after which he would publish his decision.
The judge said he was convinced that Zadorov would be able to meet the conditions for detention by electronic restraint, and accepted the supervisors presented by Zadorov's attorney except one.
Zadorov's defense attorney introduced inspectors who are his relatives, saying they are worthy inspectors.
