Shani Berdichevsky (photo: official website, courtesy of the family)
The Magistrate's Court today (Tuesday) sentenced Eliyahu Yahya to a light sentence of nine months of community service, a garbage truck driver who worked as a maintenance man in an apartment for rent on Bialik Street in the Carmel Castle, performed negligent electrical work there that he was not authorized to do, and was convicted based on his confession of causing her death by negligence of the second tenant of Berdichevsky. The trial of the apartment's landlord Nadav Levy, 37 years old from Tirat Carmel, is still ongoing.
The incident took place in August 2017, just six days after Berdichevsky got married and moved into the apartment with her husband. While the husband, Danny Berdichevsky went out to the house On Monday, Knesset went into the shower and turned on the water flow, then she was struck by an electric current that led inside, and fell to the ground. CPR performed on her by MDA teams was of no use and she was pronounced dead on the spot.
Judge Orit Kantor determined that Berdichevsky's death was caused by the negligence of Yahya, who performed electrical work without holding an electrician's license as required, without proper training, in a way that could endanger human life.
She determined that he performed negligent actions when, without the knowledge of the tenants, he deactivated the circuit breaker in the apartment and exposed the tenants to the danger of a fatal electric shock, as indeed happened.
She also found that Yahya was aware of the existence of a prolonged electrical problem in the apartment but refrained from warning the tenants about the risk of using electricity in the apartment, especially when, as mentioned, he deactivated the circuit breaker in the apartment.
Yahya, 66-year-old resident of Tirat Carmel, married, father of two married daughters, works as a garbage removal truck driver for a contractor in Tirat Carmel.
Judge Kantor noted that he took responsibility for his part in the tragic incident, showed an understanding of the severity of his conduct that led to the death of a person, expressed sorrow and regret for the manner in which he acted and explained his conduct as stemming from carelessness and negligent behavior without sufficient consideration of the consequences of his behavior.
Judge Kantor reduced his sentence and adopted the probation service's recommendation not to send him behind bars, based, among other things, on his confession, his acceptance of responsibility and his remorse, his deteriorating health since the incident, and his wife's health.
In addition to the service work, the judge also sentenced Yahya to suspended prison sentences, but no compensation.
A civil lawsuit was also filed against the local authority and the electric company, and Judge Cantor noted in the sentence that she avoided charging Yahya with compensation for the benefit of the deceased's family, "even though there was a reason to do so."
More in Walla!
The tenant was electrocuted in the shower: the two residents of the north were accused of causing death by negligence
To the full article
The judge reduced his sentence.
Eliyahu Yahya (photo: official website, no credit)
Attorney Haliva (Photo: Courtesy of those photographed)
"It's just bullshit, we don't know whether to laugh or cry," she said to Walla!
Aden Levy, Berdichevsky's sister, "My sister is underground, the parents are sick and we all get slapped in the face. I know this happens to other families in Israel who don't get justice in court, but I promise that we will not rest for a moment until we see this man in prison. He laughs at everyone , he sees my father in the street and gives him a three-finger. There is a line on us and on the trial. We will demand from the prosecutor's office to file an appeal against this lenient sentence and as soon as possible."
In an interview for Ben Caspit and Aryeh Eldad's program on fm103, Dani Berdichevsky, Shani's widow, said that "we felt today that they simply buried Shani for the second time, that the court that handed down the ridiculous sentence - released Shani's blood, released the blood of all The victims of the crime in the State of Israel who experienced a lenient punishment. We regret this and we will fight with all our might."
He added that "Unfortunately, the charge filed against that electrician in quotation marks is causing death by negligence. We were outraged by this. We thought the proper charge was manslaughter."
Attorney Ronan Haliva, Eliahan Yahya's defense attorney, told Walla!: "My client has no intention of confronting the family's enormous pain.
This is a terrible tragedy.
My client is part of a chain of omissions, mistakes and negligence, however, unlike others, he is the only one who admitted and took full responsibility for his part.
Without comparing - his life and the life of his family were also completely destroyed."
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