The family of Hodayah Nechama Assulin HY”D, who was seriously wounded in a bombing attack near Binyanei Ha’uma in Yerushalayim on March 23, 2011, was niftar about a year ago after lingering for years in a comatose state. The family has now turned to the IDF Chief Prosecutor’s Office in Yehuda and Shomron seeking to retry the four terrorists in the case.

Doing so would require the implementation of a unique clause in the Security Provisions Order which states that in the event of death, a person who has been convicted may be re-sentenced for acts for which he has already been convicted.

The petition was filed by attorney Menashe Yado of the Honenu organization, which represents the family. “When the terrorists were convicted of the attack, the deceased was not yet dead, and now that she has passed away, the terrorists will be held accountable for causing her death.”

Yado adds that in the case of one terrorist, he was sentenced to 20 years in a plea-bargain agreement, but now, the reality of the case has changed, demanding a new trial, citing at least one of the terrorists involved must be held accountable for the victim’s murder.

The four members of the cell were convicted several years ago of committing various offenses related to the attack, including in connection with the murder of British tourist Mary Jean Gardner, 55, who was killed in the Jerusalem bombing attack in 2011 which wounded 67 people. One of the terrorists is an Israeli citizen living in the eastern capital.

When the application was submitted, attorney Menashe Yado explained that murder is in its own category, unlike other crimes and one responsible for taking another’s life must be punished, even if the person has already been punished for the same act.

(YWN Israel Desk – Jerusalem)