Attorney Moshe Gilad (photo: courtesy of the photographers)
The district court in Haifa once again relieved the suspended lawyer Rafe Aslan, the son of the businessman "Faisal the great", who is accused of the fatal traffic accident that caused the death of an IDF officer Lt. ) to Aslan's defense attorneys, attorneys Moshe Gilad, Valentin Zabrov and Shlomi Sharon, and allowed him to return to his parents' home in Nahariya. He will also continue to enjoy a daily "ventilation window" that will allow him to move around the city, and use of a mobile phone and computer.
"The probation service came with a recommendation, and even selfishly I was impressed that in my current state of mind a supportive family environment is required," the judge noted in his decision.
"It was also noted that there was a decrease in the danger posed by the applicant."
In a previous relief, Aslan, who had been in custody since he turned himself in, was released to house arrest in Sakhanin village.
"The same danger that the court insisted on from the beginning still exists," argued the plaintiff, lawyer Tal Ofer from the Haifa district attorney's office.
According to him, the court ruled that Aslan should be kept away from his "natural environment".
the scene of the accident.
February 2022 (Photo: MDA)
Lawyer Shlomi Sharon (photo: courtesy of the photographers)
Aslan is also accused of severely injuring two of Itach's friends, young men from Kibbutz Ilon, regular soldiers who served in the paratrooper brigade and were on vacation, and as a result of the injury, one of them was left 100% disabled for the rest of his life.
The lawyer is also accused of leaving the three at the scene of the accident and obstructing legal proceedings, while his brother - who was not in the car at all - identified himself as the driver.
In the meantime, Aslan disappeared for a month and the police to this day do not know where he hid.
The reliefs come against the backdrop of a recent precedential decision by the Supreme Court, according to which in the event of an accident, a person who did not cooperate with the police investigators at the scene and gave them details should not be charged with the crime of negligence.
In the first place, despite the police's initial suspicion that Aslan was driving drunk, the suspicion could not be consolidated into an even more serious charge, because when he turned himself in at the end of the month of his disappearance, it could no longer be tested in his blood.
She was killed a year ago, and the trial has not yet begun.
Amit Itach (photo: courtesy of the family)
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Lawyer Valentin Zbrov (photo: official website, Erez Haim)
The indictment against Aslan was filed more than a year ago, but Judge Amir Tobi has yet to hold even one evidentiary hearing, and already last year pointed an accusing finger at the prosecution and defense attorneys.
After having to cancel two hearings, he stated that the conduct of the parties leads to the fact that evidence sessions go down the drain "and causes the court to waste a lot of time".
According to him, "there is no justification for wasting resources of this kind due to the failed conduct of the parties".
Due to a new ruling by the Supreme Court, the first evidence hearing is expected to be held next month.
Lawyers Moshe Gilad, Valentin Zabrov and Shlomi Sharon stated that "the very fact that the district court, which is familiar with the evidence in the case, determined that our client can be returned to his home indicates that there is no risk from him. Our client maintains his complete innocence and is presumed innocent. We will continue to argue for his complete innocence and the court He is the one who will judge."
Meanwhile, last December a disciplinary court of the Haifa Bar Association ordered the temporary suspension of Aslan.
His advocates dispute this as well.
"Wrong decision. We will consider our steps," they said to Walla!
Reaction.
On the path leading from the kibbutz to Adamit Park, Itach's parents inaugurated a week ago, on the one-year anniversary of the accident, a monument to her memory with footprints of her shoes imprinted on it.
They are angry about the conduct in court: "We feel frustrated that the trial has not yet begun, even though it has been over a year since Amit left us forever, because of the defendant's vile actions. The long time that has passed, and the evidentiary determinations of the judge, led months ago to easing the conditions of the defendant's arrest , and now they approved another relief for him, in the form of the convenience of staying at his parents' house. We are pained by the decision, but we turned to the main case. We expect that justice will be done there, that the accused will be convicted and a heavy punishment will be imposed on him."
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