Rafael Adana's trampling case: the accused Carol Fessler confessed and was convicted of neglect / Yotam Ronen
A traffic court in Petah Tikva today (Friday) ordered the annulment of the verdict of the driver Carol Fesler, who confessed and was convicted of abandoning the 4-year-old boy Rafael Adana in Netanya. Judge Tal Perry stated that Fasler's defense attorney was wrong and believed that the place to make claims against the indictment is after the guilty verdict has been handed down. This could cause the speeding driver to not understand the full scope of the law, and there is a real fear of a violation of justice. On the other hand, he criticized the conduct of Fessler and his defense and said that they "teach about an attempt to exploit the criminal procedure in order to evade justice." After the decision, the discussion will now move to the evidence stage.
"We are dealing with an exceptional case, which is not a far-reaching vision in our places and the main thing is: is there any reason to order the annulment of the verdict, at the initiative of the court, in the place where the accused was convicted based on her confession, when the court believes that this is necessary and is required under the circumstances of the case in order to do justice," said Judge Perry at the beginning of the discussion.
"There is a real fear of harming justice." "Justice for Raphael" demonstration in Tel Aviv/Flash 90, Avshalom Sassooni
"The prosecution's position could have been adopted - but this is a serious offense"
Judge Perry said that in practice the defense led to the conviction of the accused in the offense attributed to her in the indictment. "It is doubtful that while the accused does not speak the Hebrew language and the hearing is translated for her by an interpreter into a foreign language, she fully understood the subtleties and the meanings of her admission of guilt in the manner in which she admitted," he said.
The judge explained his decision based on the fact that the defense attorney asked to postpone the date of submitting his response to the court in order to explain to the accused the content of the hearing. In other words - even the defense attorney himself was not convinced that the accused understood what happened in the hearing, and therefore requested a stay in order to explain the contents of the matter to her.
"True, it was possible to adopt the prosecution's position and leave the verdict intact," said Judge Perry. "However, we are dealing with a serious offense that is punishable by up to 7 years in prison. It is fair that the accused will not be convicted by law when she does not, in practice, admit to the mental basis attributed to her."
Extend the act
This is how you will improve performance and pleasure in bed - with an exclusive sale
in collaboration with "Gabra"
"I'm already speechless, I don't know how this whole system works." Rafael Adana's family/photo editing, Yotam Ronan
About two weeks ago, Judge Perry said that "I convicted her and I am not satisfied with it", at the beginning of the trial on the matter. "I have to sleep at night with my conviction. There is no doubt that all the scandalous behavior that took place here did no honor to anyone. I left the hearing and after that I thought that I had convicted a person who did not understand what I had convicted him of. This is a conviction that I cannot sleep with as a judge."
At the end of the hearing, the judge turned to Simcha Adana, Raphael's mother, and said that he was not convinced "that this confession was proper." The mother responded: "And are you at peace with the fact that there is a family here that does not accept the truth? Are you at peace with the fact that there is a mother here who cannot mourn her son? You are at peace with whether she confesses or not."
After the hearing, a riot broke out, after Fassler was taken out of the courtroom and the security guards of the court guard separated her from the Adana family, who were asked to stay inside the courtroom. Simcha Adna shared at the end of the hearing: "The judge actually doesn't want to judge her for what she confessed to. It's not her recanting, but the judge because he 'doesn't sleep well at night,' because he decided that she didn't do it because apparently, in his view, she is not aware and In the line of sanity".
"The judge says he doesn't sleep well at night, but the fact that a family was neglected and my baby died, with that he probably does sleep well at night. I'm already speechless, I don't know how this whole system works. I probably might have to take the law into my own hands. Probably that you can murder and nothing will happen to you if you are connected."
More on the same topic:
The traffic court
knocking down
the neglect
Netanya