The Lod District Court recommended Wednesday that the State Prosecutor retract the indictment against the minor involved in the Duma attack regarding membership in a terrorist organization, with the court explaining such an accusation is a “bit far-reaching”, with the court signaling to the prosecution the case on this point is not solid. The head of the judicial panel, Judge Ruth Korech, during the hearing pertaining to sentencing in the case emphasized she has recommended that the State Prosecutor’s Office do some “long-term thinking to determine is this is the correct case to continue to the end with regard to ‘membership in a terrorist organization'”. The is apparently the only minor being labeled with this special classification.

Members of the Darawshe family in the PA (Palestinian Authority) village of Duma were killed in the arson attack, which took place at the end of July 2015.

The minor, who was accused of involvement in the attack, confessed in a plea bargain to conspiring to target the family’s house from a racist motive and to engage in several other hate crimes, including arson and destruction of property. As part of the arrangement, the State Prosecutor’s Office agreed not to demand more than 5.5 years imprisonment. The parties did not reach an agreement regarding the indictment relating to membership in a terrorist organization.

During the hearing on Wednesday, the court stressed the defendant has already admitted that his actions were ideologically motivated, but it is a far leap to take it to membership in a terrorist organization.

Prosecutor Yael Atzmon explained that there is recorded conversation between the defendant and others that justify the allegation he is a member of a terrorist organization and he is actually a type of squad leader, and he involved a younger girlfriend. The prosecution insists that there were organized activities to target Palestinian property and this resonates the same message found in documents, the same message repeated in conversations with his brother.

The judge however feels this is insufficient to constitute membership of a terrorist organization as the state wishes, reminding the prosecution of other cases in which there was no attempt to pin the ‘membership in a terrorist organization’ on the defendant.

At the end of the hearing, the attorney for the defense explained that the comments by the court along with other findings place a big question mark on his client’s status regarding membership in a terrorist organization and he remains hopeful this will be reflected in sentencing.

(YWN Israel Desk – Jerusalem)