Legal Battle over Release of Suspect in Burka Shooting: Where is the Secret Report?

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Legal Duel over Release of Suspect in Burka Shooting Ends in Controversy

Tonight, after a day of legal battles, the decision regarding the release to house arrest of Elisha Yard, one of the suspects involved in the shooting in the village of Burka, was finally made. The incident resulted in the death of 19-year-old Palestinian Kosai Matan. The battle over the release included multiple hearings in different courts, with appeals from both the investigating unit and the suspects’ lawyers.

The conduct of the investigative unit came under scrutiny during the hearings. Judge Tamar Bar-Asher pointed out a major omission in their approach, stating that they did not meet the expected standards for such cases. Notably, the judge was not presented with a confidential report detailing the investigative actions taken so far and the planned future actions. Despite the police prosecutor’s suggestion to orally present the actions, the judge emphasized the importance of an orderly procedure.

Complicating matters further, the main suspect in the case, Yehiel Indore, was not present in court due to a serious head injury sustained during the incident. While his medical condition would not allow his presence, the investigative unit failed to provide the documents confirming the hearing in his absence. It should be noted that in a previous hearing at the Magistrate’s Court, the required document was submitted, clarifying Indore’s inability to leave the hospital for at least the next seven days.

The proceedings took another turn when the police requested an emergency hearing. However, they arrived over an hour late, causing further delay. The hearing was delayed to allow Shin Bet representatives to join the police prosecutor and substantiate the allegations for the continued arrest of the suspects. Eventually, the hearing started at 7:00 PM due to the delay of the Shin Bet officials and other constraints.

The police’s request to appeal the decision of releasing the suspects to house arrest was also submitted late. Despite being given a deadline of 5:00 PM, the request reached the court minutes after the assigned time. The police faced criticism and were reprimanded for delaying justice and causing further distress to the detainees and their families.

The attorney’s office also faced criticism for their conduct during the hearings. They requested a one-party hearing without the presence of lawyers, relatives, and journalists. Such requests should normally be made in advance or through a request for a closed-door hearing. However, the requests were made orally during the hearings, leading to disorderly conduct according to Judge Bar-Asher.

Throughout the proceedings, the conduct of the investigative unit raised questions. At the first discussion held on Saturday evening, Attorney Major Adiel Grinol was questioned about indicating the injury of suspect Yehiel Indore. The answer provided was a photo from social media, leading to further skepticism and criticism.

During the final decision reading, Attorney Shani Taviv from the Jerusalem District Attorney’s Office displayed rudeness towards Judge Bar-Asher, causing tension in the courtroom. The judge firmly responded, criticizing the unpreparedness and negligent conduct displayed during the trial.

As the legal duel reaches its conclusion, the controversies surrounding the conduct of the investigative unit and the legal proceedings continue to raise concerns. The case highlights the importance of adhering to proper legal protocols and maintaining transparency in the pursuit of justice.

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