The defense in the manslaughter trial of Sgt. Elor Azariya was smiling as former Chief Pathologist Prof. Yehuda Hiss recently testified that he is absolutely certain the young soldier did not killed the wounded Arab terrorist when he fired at him, stating the terrorist was already dead.

Adding to the defense’s case was the testimony given on Monday 16 Elul by former Chief of Military Intelligence Uzi Dayan, who told the court that in his opinion, all terrorists must be killed. Dayan was asked to explain, questioned if the actions of Azariya, shooting an already neutralized terrorist violated rules of engagement. He responded “When you are operating in Syria you can kill a terrorist anytime. This is part of the mission and you can order a sharpshooter to take someone out even if there is no immediate danger for as long as it furthers the mission”.

Dayan was treated belligerently by the prosecution, so much so defense counsel Ilan Katz banged his hand on the table, questioning how the court permits the prosecution to address a former Chief of Military Intelligence in such a fashion.

Dayan explained that soldiers have committed far worse offenses than Azariya and never faced criminal charges and he is concerned this case is harming the ability of soldiers to defend themselves in the future and this is why he opted to become involved in the case. He added that in this case, the very worst scenario is that the soldier erred during a dangerous situation but his actions should never have led to manslaughter charges.

(YWN – Israel Desk, Jerusalem)