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Binyamin Brigade Commander gave false testimony


Honenu Atty. Adi Keidar; Photo credit: Honenu

Monday, February 27, 2023, 23:12 On Sunday, Binyamin Brigade Commander Eliav Elbaz detained two settlers who participated in a demonstration after a terror attack in the region. When, on the following day, the detainees were brought before the court to have their remand extended, both the Jerusalem Magistrates Court and District Court ruled that Colonel Elbaz gave unreliable testimony, and ordered the release of the detainees. Honenu Attorneys Nati Rom and Adi Keidar represented the detainees.


Initially, Magistrates Court Judge Amir Shaked ruled that a video clip presented before him "does not corroborate (to put it mildly) the testimony of/complaint from the [Binyamin] Brigade Commander." Judge Shaked rejected the request by the police to extend the remand of the detainees by five days and conditionally released them. The police then appealed the decision to the district court.


Upon reviewing the police appeal, Jerusalem District Court Judge Miriam Lomp ruled that the evidence presented before her, including eyewitness accounts from border police officers of the incident, "does not correspond to the description of the incident as testified to by the brigade commander… The video presented to me does not agree with the [commander's testimony]. The eyewitness accounts do." Judge Lomp rejected the appeal and released the detainees.


Honenu Attorney Adi Keidar stated, "The Israeli Police did not reconcile itself to the Magistrates Court's decision to release the detainees in light of the flaws in the evidence. When we arrived at the District Court, it turned out that not all of the evidence that had been gathered during the demonstration had been presented to the Magistrates Court. The additional investigative material presented was even weaker than the original evidence, and therefore, the court rejected the appeal and released the detainees.


"On this occasion, we would like to show our support for the border police officers who conducted themselves honorably during the incident, in contrast with the brigade commander who behaved brutally and impulsively, needlessly inflamed the situation, and gave contradictory and mendacious testimony."


Honenu Attorney Nati Rom added, "I am pleased that both the Jerusalem Magistrates and the District Courts released my clients to house arrest after ruling that the brigade commander's claim is not corroborated by the evidence, which included a video clip of the incident itself that we presented. At a time of raging terror, the security forces are expected to distinguish between friend and foe and to ensure the safety of the residents of the region."

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