In the coming days, the High Court is expected to decide on the petition of the family of the terrorist who carried out the murderous attack in Bnei Brak and HaMoked against the demolition of the family home where he lived.
The discussion revolves around the question of whether or not the warehouse of the house located on the ground floor and basement should also be demolished?
Former attorney and MK David Mana explains that "the High Court is now discussing live whether the abominable terrorist from the Bnei Brak attack used the warehouse of his house or not.
Meticulous in the question of whether he put there a commodity he owned or did not put.
And later the president Hayut asks about damage to uninvolved buildings in past demolition and "the state says it knows allegations of moisture problems created. Amazing."
Will the terrorist's house be destroyed?
Adv. David Mana, Photo: Reuven Kopiczynski
What is the legal claim?
"The family claims that he did not use the warehouse of his house. It is clear that he used and put things there. For this to delay all other things it is wrong. Another legal claim deals with the possibility of causing damage to other apartments belonging without those involved. The nuclei live in the same building that is divided into apartments. In this regard, the IDF Engineering Corps is skilled enough to destroy the warehouse without damaging the uninvolved.
It is also possible to make such a seal that will not allow its use. "
What does the court rely on? What does he want to check?
"The court is examining whether there is evidence that the terrorist also used the warehouse."
What is the court's policy over the years?
"The court allows the demolition of terrorist homes despite the dissatisfaction expressed by the president from time to time. But it is a time-consuming procedure. Trying to do. "
what can be done?
"Cut back on procedures through clear legislation that will budget the time for the procedure. For example, 48 hours to submit to the High Court, the court must hear within a week and make a decision."
As you may recall, about three weeks ago, the High Court issued an interim order delaying the destruction of the terrorist's home that carried out the attack in Bnei Brak, following a petition by members of the terrorist's family and HaMoked.
Judge Ofer Grosskopf's decision stated that "an interim order is hereby issued according to which the respondents will refrain from executing the boycott order and destroying the subject of the petition, until the petition is heard."
It should be noted that this is a normal and acceptable procedure for delaying demolition until the hearing and decision on the petition and does not indicate a final decision in the matter.
Were we wrong?
Fixed!
If you found an error in the article, we'll be happy for you to share it with us