The High Court of Justice on Wednesday, 28 Tishrei, instructed the Ministry of Justice to respond on behalf of Justice Minister Prof. Yaakov Ne’eman as to why the court should not dismiss Dayan Rav Dov Domov regarding the disciplinary hearing against him.

The story broke over two years ago, when the ombudsman for the Justice Ministry received a complaint regarding four Dayanim in the Tel Aviv Rabbinical Court fixed a get (divorce) for a disabled couple in 2007. Family members of the special needs couple turned to a senior dayan seeking assistance, asking for him to arrange a get for the couple. No explanation is given as to why the family wanted the get.

In order to make good on the request and have a get issued to the couple, they had to be brought to the beis din. This was accomplished by deceptive means, taking advantage of their disabilities, requesting that they come to complete forms to make them eligible for public housing in the Haifa area.

When the couple arrived in the Rabbinical Court they signed papers with the eader “protocol” (minutes of a hearing), but the page itself was blank. It was learned later that the paper they signed was used for a get agreement, without the couple’s knowledge.

The agreement was entered into the official court system and a get was written without their knowledge. It is unclear if a get ceremony was actually held, and they were unaware of what was taking place, or some type of event occurred in their absence, but they are listed as divorced by the Rabbanut, hence in state records as well since in Israel, this is one in the same.

They were told however that if they wish to actualize the free public housing they would have to live apart for three days, and since that time, that have been kept apart, apparently, against their will.

It must be pointed out that a week before the couple arrived in the Rabbinical court under false pretences, the senior dayan opened the divorce request file in their name, using forged papers and signatures to accomplish this. He even paid the court filing fees to make sure everything was official.

The couple states that dayanim Rav Dov Domov, Rav Yitzchak Elmaliach and Rav Tzvi Ben-Yaakov are the ones involved in the duplicity.

The investigation conducted by the ombudsman’s office revealed serious findings supporting the allegations mentioned in the above story, particularly against Rav Domov.

Amazingly, no punitive action was taken against the dayanim, some of whom have even since received a promotion in the system. The state prosecutor did not move ahead with a criminal indictment, explaining there was insufficient evidence of complicity by the other two dayanim.

The Ometz organization, a watchdog group, turned to the justice minister, seeking action in the case. The organization was calling for disciplinary action against the senior dayan. Ometz reports the minister did nothing, absolutely nothing and since that time, the dayan has been promoted to an av beis din position in the Tel Aviv Rabbinical Court. Ometz simultaneously turned to the state attorney general seeking a criminal investigation into the matter involving the dayanim, who are in actuality civil servants. The state attorney general did not pursue the matter either.

About two and a half years ago Ometz turned to the High Court of Justice via attorney Boaz Arad. The case was filed against the attorney general, justice minister, justice ministry, and the four dayanim together with the woman who was the victim of the deceptive divorce.

Ometz is calling on the High Court to instruct the ministry, minister and attorney general to explain why no action was taken in the case and why the dayanim were not terminated, at least the senior dayan who orchestrated the entire episode. Ometz also wishes to receive an explanation as to why a criminal case has yet to be launched.

In the meantime, in May 2011, Justice Minister Ne’eman instructed his staff to draft disciplinary documents against the senior dayan, now the Av Beis Din Tel Aviv, Rav Domov. The minister acted upon the ‘suggestion’ to do so from the state attorney general’s office.

Now, the prosecution has told the High Court that disciplinary action has been taken against the av beis din and a deal has been reached with the rav by which he will admit wrongdoing and accept the blemish in his file. Ometz however is not willing to let it go and is seeking the dismissal of Rav Domov.

On Wednesday, the High Court convened and Court Vice President Justice Eliezer Rivlin, Justice Neil Hendel and Justice Uzi Fogelman heard the case. They gave the state 14 days in which to respond, citing the minister’s ability to act in line with Paragraph 16 (a) of the Dayanim Law, addressing the termination of a dayan’s tenure, citing the minister and appointment committee has that authority.

The law also speaks of a dayan who is under investigation for an alleged crime that carries a moral turpitude clause may be suspended if a minimum of seven committee members view such a move as necessary or prudent.

The court basically is asking the state to show cause as to why the dayan should not be fired due to the overwhelming evidence against him.

A number of days prior to Wednesday’s High Court hearing, the av beis din requested that the hearing take place in his absence. His request was granted.

Kikar Shabbat attempted to get a response from Dayan Domov, his side of the story, but the rav stated “I am not talking. Excuse me”.

(YWN – Israel Desk, Jerusalem)