On video: the damage of the riots in Hawara, February 27, 2023 (documentation on social networks according to Article 27a of the Copyright Law)
The three suspects in the attack on Brigadier General Benjamin Col. Eliav Elbaz have been released from custody - this is what the Jerusalem Magistrate's Court ruled this evening (Monday).
"The video that was presented to me by the defense attorney is not consistent, to say the least, with the Brigadier General's version," noted Judge Amir Shaked. The police filed an appeal against the decision - which was rejected. Elbaz was allegedly attacked last night by Jewish rioters in Hawara, during disturbances that took place there.
However The court ruled that "the words are not consistent with the description of the event as described by the Brigadier General".
The Honnu organization that represented the suspects claimed that Elbaz "behaved in a violent and impulsive manner, stirred up the area in vain and gave contradictory and false versions."
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"Agitating the territory in vain."
Brigadier General Benjamin (photo: IDF spokesman)
The suspects were arrested for attacking Brigadier General Benjamin, while he tried to arrest them after throwing stones at Palestinian vehicles. They denied what was attributed to them, and according to their lawyers, friction arose with the Brigadier General after he arrived at the demonstration site and "almost ran them over".
Magistrate's Court Judge Amir Shaked stated in his decision that "due to the video presented to me by the defense attorney, it appears that it is not consistent, to say the least, with the Brigadier General's version, something that needs to be clarified and not necessarily when the suspects are behind bars." Attorney Nati Rom
and Dr. Adi Kidar from the Honnu organization represented the settlers. Attorney Kidar stated that the police were not satisfied with the decision of the Magistrate's Court, and when we turned to the District Court it became clear that the new evidence was "even weaker."
The lawyer added, "There is objective evidence that refutes the Brigadier General's version, and therefore due to the weakness of the evidence, the court rejected the police appeal and ordered the release of the settlers."
Damage from disruptions in Hvara (Photo: Avi Rokah)
The lawyers sought to strengthen the hands of the police officers, who, according to them, "conducted themselves in a respectable manner in the incident, and in contrast to them, the divisional brigade conducted themselves in a violent and impulsive manner, agitating the area in vain and giving contradictory and false versions."
Attorney Nati Rom concluded, "Fortunately, both the Magistrate's Court and the District Court decided to release my client to house arrest after determining that the Brigadier General's claim is inconsistent with findings from the field, including a video of the incident itself that we presented. While terrorism is rampant, the security forces are expected to distinguish between love the enemy and restore security to the residents of the region."
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