An unnecessary night of a man in custody cost the state NIS 5,500, after a Tel Aviv Magistrate's Court judge, Case Nashef, recently reached a compromise settlement between the state and legal aid, represented by a man arrested after playing loud music in the afternoon and remaining in custody for one night.
This is a suspect who was arrested and brought in for an extended detention on suspicion of committing threatening offenses, interfering with a police officer and harassing the public.
Police arrived at the scene for the first time after a complaint was lodged about the noise, which was stopped.
After the policemen left the place, the suspect turned on the music again - and when the policemen again asked him to open the door and stop the noise, the suspect refused.
In response, a fire crew was called to the scene who broke down the door, and the amplification equipment and karaoke system were taken from the suspect.
At the police station the suspect threatened to commit suicide.
It should be noted that in the past of the suspect there were interruptions of proceedings.
Police car, Photo: Yehoshua Yosef - Archive
Police sought to extend the suspect's detention by seven days, alleging, among other things, that he made an unreasonable noise of music and karaoke at 6 p.m.
Rishon Lezion Magistrate's Court Judge Zohar Divon Segal accepted the claims of Adv. Liran Friedlander, who represented the suspect on behalf of the Public Defender's Office, and ordered his release on parole after criticizing the investigating unit, which did not release the suspect at the station. False.
"With all the understanding of the neighbors' difficulty, which is not the first time they have encountered making noise and playing music from the suspect's apartment, his actions do not amount to an offense," the judge wrote in her decision.
"Beyond that, enforcing noise in the early evening hours is not done as a matter of routine, and even a representative of the investigative unit fairly acknowledged that this was done only after 11pm. I do not think the suspect's case justified enforcement as it did in this case."
In light of the court's determination that this was a false arrest, the Public Defender's Office turned to the Legal Aid Unit of the Ministry of Justice, which will assist the suspect in filing a civil claim for compensation.
Recently, during a hearing held in the Tel Aviv Magistrate's Court, the state reached an agreement according to which the plaintiff will be paid NIS 5,500, before the rule of law, without admitting his claims.
As stated, Judge Nashef gave the consent of the parties the validity of a judgment.
