On video: Ben Gabir at the scene of the attack: "The attack once again proves the concept that distributing weapons saves lives"/Photo: Avi Rokah
The Dan Supreme Court rejected today (Wednesday) the petition filed against the appointment of Knesset member Itamar Ben Gabir to the position of Minister of National Security in the 37th Israeli government.
In the verdict, it was determined, unanimously, that there is no room for the court's intervention and that the petition should be dismissed.
In his ruling, Judge Amit stood by the laws concerning the appointment of candidates for public positions, and among other things, that the authority to appoint ministers in the government is essentially a political authority;
that the discretion given to the Prime Minister regarding the appointment of ministers is broad;
And that the limits of the court's intervention in decisions of this type are reduced to cases where the appointment may cause severe and serious damage to the status of the government institutions and the public's trust in them.
Minister Itamar Ben Gabir/Flash 90, Yonatan Zindel
Judge Amit pointed out that Ben Gabir's duty is convictions that are directly and indirectly related to the violation of public order, while the Minister of National Security is the figure who believes in maintaining the rule of law and public order.
In addition to this, Judge Amit noted that some of Ben Gvir's statements are harsh statements that should not be heard from an elected official, and that this is conduct that is not appropriate for a minister in Israel.
Despite the aforementioned, in view of the passage of time since the commission of the offenses and their statute of limitations;
In view of Ben Gabir's young age at the time of the commission of the offenses and his failure to prosecute for many years;
Given that some of the statements were made years ago and before he held a public office;
Given Ben Gabir's statement before the Prime Minister and before the court that he changed his guests;
And taking into account that the Prime Minister conducted a renewed examination of Minister Ben Gabir's case and considered the matter - in light of all this, it was determined that the criminal record of Minister Ben Gabir and his statements should be given a low weight in the work of balancing all the considerations.
As emphasized in the judgment, the examination of the reasonableness of the appointment was done according to the state of affairs at the time of the submission of the petition.
In summarizing his remarks, Judge Amit stated that the appointment of Ben Gabir to the position of Minister of National Security is not without difficulties.
However, considering the balance between all the considerations and the broad discretion given to the Prime Minister in decisions of this type - it was determined that this is not an extremely unreasonable appointment.
Therefore, it was determined that there is no room for the court's intervention and that the petition should be dismissed.
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Itamar Ben Gvir