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The Supreme Court dismissed the appeal of retired superintendent Nisso Shaham;

Will go to jail in late December

The judges upheld the actual 10-month prison sentence handed down to Shaham, who was convicted of fraud, breach of trust and sexual harassment.

"Hurt the general public."

Judge Elron was of the minority opinion that he should be acquitted of the offenses of fraud and breach of trust, and the sentence should be reduced to 6 months as part of service work.

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• Tried Shaham

• Supreme Court

• appeal

• Sexual offenses

Yael Friedson

Monday, 15 November, 2021, 11:41 Updated: 12:08

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The Jerusalem Supreme Court today (Monday) rejected the appeal of retired Chief of Staff Nisso Shaham, who was convicted of fraud, breach of trust and sexual harassment.

The judges ruled that Shaham's sentence would remain ten months 'actual imprisonment and five months' probation, and that he would stand until the beginning of his sentence on December 30.

The main question in the appeal concerned Shaham's conviction for fraud and breach of trust.

The district court ruled at the time that even if every single act of Shaham having a forbidden relationship with a subordinate and subsequently processing her requests while conflicting interests, did not alone justify his conviction for breach of trust - the accumulation of acts justifies his conviction for this offense.

Judge Neil Handel ruled that the offenses of abuse and harassment are further examples of criminal offenses in which judicial aggregation is possible.

In these offenses the primary protected value is to protect the victim of the offense from acts amounting to abuse or harassment.

More on Walla!

"Violation of public trust": Former superintendent Nisso Shaham was sent to 10 months in prison

To the full article

Shaham in court, last year (Photo: Flash 90, Miriam Elster / Flash 90)

Judge Yael Wilner added that in the offense of breach of trust, however, the protected values ​​pertain to the protection of the public. "Indeed, 'the public', 'public trust' and 'the integrity of the administration' are abstract concepts, absent-minded, and do not constitute classic victims of crime. "He has a sexual or romantic relationship, he has harmed the general public in Israel - where he trusts the Israeli police and its proper conduct," Judge Wilner wrote, concluding that "the described acts committed by the applicant - from his position - "He fulfills it, and in the law enforcement system he represents. These acts are at the core of the offense of breach of trust."

Justice Yosef Elron was of the minority opinion that Shaham should be acquitted of the offense of fraud and breach of trust, and that the actual sentence of imprisonment imposed on him should be reduced.So that he will stand for 6 months which he will be able to carry as part of service work.

Jerusalem Supreme Court (Photo: Reuven Castro)

Shaham, the court ruled, had relationships with eight junior policewomen, and then made various decisions in their case.

The judge who convicted him, Shmuel Melamed, explained that according to his method, although Shaham was convicted of only one breach of trust, it should be taken into account that these are eight different cases, which were included under the same charge.

Judge Melamed added that "within the meaning of the section on breach of trust, the consent of the women has no meaning. The violation is in the public trust."

He clarified that "every public servant should know that he is prevented from dealing with the affairs of people with whom he has contact, beyond the correct professional relationship, and once he has not done so - he has violated protected values. The value is not harm to women, as perceived by the defendant,

The Shaham affair went through several incarnations.

In April 2018, he was convicted of an indecent act on a policewoman who kissed, but was acquitted of breach of trust.

Only after the prosecution appealed his acquittal was he also convicted of sexual harassment and breach of trust.

The case was returned to the Magistrate's Court for sentencing, when in February it was decided to impose on Shaham ten months of actual imprisonment and payment of compensation to some of the policewomen with whom he has a relationship.

Now, as stated, his appeal of the sentence he received has been dismissed.

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