This week, after almost three years, Arie Schiff can breathe a sigh of relief again. Beer Sheva District Court Judge Yael Yetev dismissed the civil suit against him for more than 4 million shekels, finally ending the affair that cast a dark shadow over his life.
The story began, as mentioned, three years ago, when Schiff, a resident of Arad, slept with his wife in a trailer behind the house. He woke up in the middle of the night from a noise made by burglars, and saw that they were trying to steal his car. He called on them to stop, and when he did not comply, he fired at the vehicle, seriously injuring Mohammed al Atrash, who was sitting inside. Schiff, who has volunteered all his life in a variety of frameworks and more than 20 years in the police, immediately summoned the security and rescue forces, confessed to the act and even expressed remorse. Al Atrash died of his wounds in hospital, and Schiff was charged with reckless manslaughter.
Many followed with concern and interest the story of Schiff - who sought to protect his property and life, and to scare away masked thieves who knows what they are plotting, and who can tell if they are armed. The case also aroused interest because of the reality in which Schiff and hundreds of thousands of people live in the Negev and Galilee, whose property and personal security are abandoned. Too many felt they could easily step into Schiff's shoes and experience the dilemma: protect your property, perhaps your life, and risk imprisonment—or leave your property and your life in the hands of burglars. After all, there is nothing to talk about law and order.
This painful dilemma, which should not exist in a country that provides its citizens with the most basic commodity – personal security – has led many to come to his defense. More than NIS 1.2 million was raised for his legal battle, and Schiff even won the support of elected officials and senior jurists. But in the end it was the judge, the president of the district court, who decided to be attentive.
In her ruling, Revital Yaffa Katz demonstrated a deep understanding of the reality on the ground, the terror that gripped Shiff, that there is no law and no judge in the area where he lives. Yaffa Katz ruled that he would serve nine months of community service and pay compensation of NIS 10,000, and no more. The prosecution, by the way, demanded between four and six years in prison - but the judge stood her ground. Justice has been done here, rare justice.
But this did not end the affair. Six months later, the al-Atrash family filed a civil damages suit against Schiff, totaling about NIS 4 million. She demanded compensation for the thief father's loss of earnings, pain and suffering. And again luck played to Schiff. Judge Yael Yetev, of the same court, not only dismissed the lawsuit, but added that if the family sued again, it would have to pay court costs.
The way to restore governance to the south, the north, and Arab society passes through many factors that need to join together. Changing codes and conduct in Arab society, determination and mobilization of the police on the issue, incessant work by government ministries and the State Prosecutor's Office, and changing the policy of the judges. Many times, the last stop in eradicating crime – the courts – is the one that topples the cautious tower of cards placed before it.
More than NIS 1.2 million was raised for his legal battle, and Schiff even won the support of elected officials and senior jurists. But in the end it was the judge, the president of the district court, who decided to be attentive
About a month ago, Makor Rishon reported the release from detention of four Bedouins one after the other, even though there was significant evidence against them on suspicion of weapons theft. Two weeks ago, Ynet reported that three Arabs had been released from detention, even though they were caught on their way to arson for protection. And these are just two of a series of outrageous examples.
The feeling is that the judges are disconnected from the field. They do not experience reality on the streets, and do not make an effort to understand what is at stake and what their share of responsibility is for eradicating crime.
Arie Schiff should be thankful for his good fortune that his fate was entrusted to other judges. From here, one can only hope that their colleagues will learn from them and begin to rule in a way that convicts the real offenders and deters them from engaging in crime.
In doing so, they will complete their part of the puzzle called "restoring governance."
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