They were photographed holding guns and mags - and were charged with weapons offenses

The Rajabi brothers, known as the arms dealers from Kfar El Azaria in East Jerusalem, were arrested after they were recorded holding weapons.

However, the district court in Nazareth ruled that it is not possible to prove with the help of the photos and videos that it is a weapon as defined in the law - and acquitted the two of the crimes they were accused of

Eli Ashkenazi

08/19/2022

Friday, August 19, 2022, 4:00 p.m

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Shooting with a gun and a mag: a recording from the phone of two brothers from East Jerusalem (credit: Eli Ashkenazi)

A pair of brothers from East Jerusalem who were recorded holding a mag machine gun were acquitted of the offenses of possessing a weapon, carrying a weapon and firing a firearm - this is what the Nazareth District Court ruled yesterday (Thursday).

The ruling comes despite the fact that photographs of weapons were also found on the mobile phones of the two, known as arms dealers.

This, on the grounds that the prosecution did not prove that the tools photographed in the photos and videos taken from the phone of one of the defendants are weapons as defined by law.

Only one of the brothers was convicted of the crime of purchasing a weapon, after he was found in his possession of the barrel of a mag machine gun.

Acquitted of weapons offenses.

Illustration, weapons (photo: official website, South African Police)

The beginning of the affair was in December 2020, when Muhammad Hayev Matova sold the defendant Rajabi a mag barrel, and two couriers on behalf of Rajabi were caught near Rosh Pina with the barrel in your car.

Following the events, the police opened an investigation, and Mohammed Hayev, Rajavi and his brother the accused were arrested.

The police presented the accused brother Rajavi, from Kfar El Azaria near Jerusalem, as an arms dealer on a national scale and as the owner of a weapons laboratory.

Therefore, the arrest of the three is seen as a significant achievement and a major success.

The indictment was based on still photographs in which the Rajavi brothers are seen holding a mag in their hands, as well as on video footage in which multiple and pistol shots are recorded, and even the sawing action of a rifle barrel.

The brothers denied that it was a weapon and the court had to examine the question - whether the weapons that the defendants possessed and carried meet the definition of "weapon" in the Penal Code.

The definition of the term states that it is a tool capable of shooting and with its power to kill a person, including a part, accessory and ammunition of such a tool.

The Israel Police Weapons Laboratory experts ruled out the possibility of identifying weapons based on photos.

They were even called to testify on behalf of the defense and clarified that the professional guideline at the police weapons laboratory is that you should not give an opinion on a weapon based on photos.

More in Walla!

They stop the car - and break the window: 3 were arrested on suspicion of smuggling weapons at the end of a police chase

To the full article

They were recorded holding a mag machine gun.

Photo from the brothers' phone (Photo: Eli Ashkenazi)

The head of the weapons laboratory at the MZP, Deputy Superintendent Gil Hocherman, described in detail how an object is examined in a series of physical actions that include shooting, in order to determine whether it is a weapon in accordance with the definition of the law. Hocherman also testified that he does not know of any other methods for determining weapons. According to him, based on Viewing the video It is not possible to determine whether it is a weapon capable of killing, since it is possible that it is pyrotechnics and there are ammunitions that do not have a bullet. The comments were

joined by a weapons laboratory expert, Superintendent Dr. Pavel Gebirtz, who said that "as an expert, I cannot examine photos, since I do not know what The item in the picture, and to what extent it meets the definition of a weapon, according to the law."

He also added that during his years of work he saw quite a few items resembling long weapons.

From an external point of view, these were very similar to real weapons, including various airsoft machine guns, tools that had undergone an approved decommissioning process, and items at a weapons exhibition that had actions that prevented the possibility of firing.

An independent forensics expert brought in by the defense, Lior Nadibi, said that it cannot be ruled out that such an airsoft weapon exists in Israel, and said that he himself came across a shortened M16 as well as a Glock, which is identical to a real weapon.

According to him, there is an M16 type long weapon that fires with fifty rounds and not with live ammunition, as in honor orders, and an M16 type weapon can be turned into a weapon that fires only fifty rounds by replacing a few parts.

"It is not possible to determine whether the complex actually exists", attorney Vavi Nasraldin (photo: Walla! NEWS system, no credit)

The prosecution's opinion stated that it is impossible that the object that the brothers are seen holding in their hands is not a real mag.

However, the defense presented to the court an object similar to a mag machine gun, following which the judge stated that "the dummy mag drops the ground under the work assumption of the police investigators and the prosecution expert, and proves the defense's claim that an object of this type was within the reach of the accused".

In light of his words, as well as in light of the fact that the shooter's face is not visible in the videos showing the shooting of weapons - the court ruled that the identity of the accused in the figure in the video was not proven.

"The verdict shows that it is not enough to show images of a weapon," said attorney Wafi Nasraldin, who represented the accused. "The weapon must be seized and brought.

In the end the weapon has a complete assembly that turns it into a firearm capable of killing.

According to photographs, it is not possible to determine whether the complex actually exists or not," he added.

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