Kach activist turned attorney Itamar Ben-Givir is in the news again, this time for teaching the prosecution a thing or two about courtroom proceedings. The case in point deals with charges of assault and battery against his client, a youth identified with the “hilltop youth”. The defendant faced charges of assault against an Arab in Hebron stemming back to an alleged attack in September 2011. The plaintiff told the court that the defendant and his friends chased him down and assaulted him.

At one point an IDF soldier intervened and tried to arrest a youth but the defendant pushed the soldier and assisted the youth in the soldier’s grip to make his escape. The defendant was eventually taken into custody.

Ben-Givir questioned the soldier, who told the court he can identify the defendant, pointing to him in the courtroom as he was asked to stand. He was asked by Ben-Givir over and over again, repeating that “Yes, I am certain. That is him.”

Jerusalem Magistrate Juvenile Court Justice Ron Chen asked a number of questions as well. It should be pointed out that at the start of the hearing; Ben-Givir asked if another person may be seated alongside the defendant. The court did not object. However, when the soldier was identifying the defendant, the latter stood up to avoid any confusion.

At this point Ben-Givir told the court that due to the soldier’s inability to accurately recognize the defendant he feels the charges in the case should be dropped. Needless to say the court was somewhat confused. Ben-Givir explained the young man who stood up and was identified repeatedly by the soldier was not the defendant, but his friend who accompanied him.

The state agreed to drop the case. Ben-Givir was pleased, but expressed concern for he feels in many cases, a witness is instructed to point at the defendant when the former really does not recognize the person seated in that seat. He points out “even hilltop youth are entitled to justice and a fair trial.”

(YWN – Israel Desk, Jerusalem)