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'The policeman is the one who beat': Protester accused of assaulting police officers - and acquitted | Israel Hayom

2023-05-18T14:19:29.209Z

Highlights: Prosecution forced to change the indictment against a protester in Balfour. Judge Pollock: "The policeman said he did not know why his commander ordered him to arrest the accused" Judge also noted in his verdict that for reasons that are unclear and seem unjustified, it was the policeman who hit Schumer in the ribs. "I am prepared to assume that the defendant initially responded with resistance because he was surprised by the sudden use of force against him," the judge said. "The testimonies indicate that there were police officers who were not resisting arrest"


The prosecution was forced to change the indictment filed against a protester in Balfour after the video of the incident did not match the facts recorded • Judge Pollock: "The policeman said he did not know why his commander ordered him to arrest the accused"


Is the police trigger-happy in arresting civilians at demonstrations? Judge Dov Pollock recently acquitted Stav Shomer, 28, of Tel Aviv, after he was accused of assaulting police officers, resisting arrest and even charged with prohibited assembly during one of the protests in Balfour, near the prime minister's residence in Jerusalem. Judge Pollock also noted in his verdict that for reasons that are unclear and seem unjustified, it was the policeman who hit Schumer in the ribs.

Balfour Protests (archive), photo: Oren Ben Hakon

According to the indictment, the protesters went on an illegal procession near the prime minister's residence in Jerusalem. Among the demonstrators was a guard holding a megaphone in his hand and calling on the demonstrators to continue marching and break through the police blockade.

When Shomer passed the line of policemen and continued his calls in an attempt to inflame the demonstrators, Officer Dvir Tamim turned to him and asked him to stop his calls and return to the group of demonstrators. When the defendant refused to obey the instructions, Officer Dvir tried to push him back over the officers' line.

The defendant objected, and therefore Officer Dvir ordered his arrest. Subsequently, policeman Ben Azran grabbed the defendant's hand and tried to drive him away. In response, the defendant spat in the policeman's face and began to riot, pushing the police officers who arrived at the scene and reaching for them.

Violent clashes between police and demonstrators in front of the Prime Minister's residence in Balfour (archive), photo: Oren Ben Hakon

In his verdict, Judge Pollock, who acquitted Schumer, noted that from a slow-motion look at the video, it was clear that the defendant was not the person who spat on the policeman, and the prosecution did indeed retract the facts in the indictment attributing the spit to the defendant. The second reason in the indictment for prosecuting the defendant is the claim that he was a dominant factor and used a megaphone to incite the demonstrators to pass the police and enter the intersection.

This is the main allegation of an innocent defense attorney for the use of force against the defendant in order to push the defendant from the intersection back over the police line. The judge ruled out this reason as well. "If the defendant incited the demonstrators who stood in front of the police line, you don't hear that in the video. On the contrary, the defendant did not appear to be very close to the demonstrators. Officer Ben standing in the line of officers does not testify that the defendant agitated, on the contrary, he said in testimony that he 'does not know what happened before, we did not see,'" Judge Pollock wrote in his verdict.

The demonstration in Balfour (archive), photo: Oren Ben Hakon

As for the other policeman who testified that the defendant inflamed the demonstrators, Maj. Ram Yehuda, Judge Pollock noted that it was the policeman who said he saw the defendant spit in the direction of Officer Ben, "testimony that neither the accuser would accept," wrote Judge Pollock, adding that "on cross-examination the officer said that he did not know why his commander ordered him to arrest the defendant, which is inconsistent with his testimony that the defendant agitated."

Regarding the offense "interfering with a police officer in the performance of his duty," the judge noted that it is seen that the defendant was pushed by policeman Dvir Tamim and for a few seconds he resisted. When more police arrived, the defendant let them lead him. "I am prepared to assume that the defendant initially responded with resistance because he was surprised by the sudden use of force against him and did not understand where the policeman wanted to bring him. Yes, I should point out, for reasons that are unclear and seem unjustified, Officer Ben hit the defendant in the ribs.

"Regarding the arrest, we are talking about several police officers who caught him, expressing verbal behavior is not resisting arrest. The testimonies indicate that there were demonstrators who apparently took actions to thwart the arrest, but the defendant should not be blamed for their actions," Judge Pollock concluded.

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Source: israelhayom

All news articles on 2023-05-18

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