Murder in front of a girl commits an aggravated manslaughter offense of special cruelty, the Supreme Court ruled this morning (Wednesday) in an appeal given in the appeal of Adelao Eileen, who was convicted by the Lod District Court of murdering his wife Salmalk Tesra in 2015. The decision was made Tomorrow to Aviad Moshe, who was convicted of attempting to murder his wife Shira Isakov and abusing his toddler son.
The verdict raises the question of whether the murder of his wife against her minor daughter constitutes an aggravated manslaughter offense with special cruelty that justifies life imprisonment.
Justice Neil Handel, Vice President of the Supreme Court, and Justices Uzi Vogelman and Yosef Elron ruled that the murder of the woman in front of her 17-year-old daughter (from a previous marriage) constitutes the cruelty required for an aggravated death offense that warrants life imprisonment. "Execution, literally, before the eyes of her minor daughter, combined with the physical suffering and the characteristics and cruelty listed above, lead to the conclusion that the murder was committed in circumstances of special cruelty, within the meaning of section 301A (a) (7) of the Law."
According to the indictment filed in October 2015, Eileen and Tesra argued in their apartment in Lod over his rights in the apartment.
The killer began following his wife from place to place in the apartment, which frightened her and caused her to call the police.
Later, she tried to escape from the apartment, but he prevented her from doing so while holding the door of the house, grabbed her hand and put her back in the apartment.
Adelao Eileen in Lod District Court, 2018, Photo: Gideon Markovich
Tesra's 17-year-old daughter shouted for Eileen to release her mother, and tried to free her hand herself - without success.
The killer removed her hands and told her to "fly away," showing her a small knife he was carrying on his body under his shirt.
So, as described in the judgment, "the appellant dragged the deceased to the kitchen, took a large knife, grabbed the deceased and began to cut her throat. "She took a chair and hit the appellant in the back. The appellant turned to the neighbor and continued his actions. The neighbor was startled by his gaze and returned to her apartment."
"The appellant advanced with the rest from the kitchen to the exit door of the apartment while holding it constantly in a strangling motion, and she tried to resist and escape - without success. The appellant took the rest out of the apartment, where he rested it on the wall and continued to cut her throat. The floor was bleeding, and the appellant entered the apartment. He then left the apartment and went down the elevator, and soon after he went up to the apartment again, where he changed his pants. Then, he left the apartment and left. , And a sub-volume shock that led to her death. "
Following the decision, the Legal Aid in the Ministry of Justice stated: “The family of the late Salmalk Tesra hoped that the Supreme Court would dismiss the killer’s appeal to mitigate his sentence for murdering his wife in front of the children, and that he would be convicted of aggravated murder, as the court ruled.
Seven years after the murder of their mother and while the family is still trying to recover, the unequivocal statement that murder in the eyes of the children will earn the killer a life sentence, is of immense importance to the family, both on their private level and on the public level in general.
The eldest daughter, who was present in the apartment at the time of the murder, tried unsuccessfully to prevent it.
She came to the Supreme Court hearing, during which the judges addressed her and addressed the pain, and this ruling is a complement to the recognition of the pain, disaster and appropriate punishment.
We hope that this decision will be a sign and a sign of the fight against the murder of women in Israeli society. "
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