Did the police prosecutor conceal evidence from the court?
Thursday, January 22, 2015, 20:09 Two rapid response squad members, one from Itamar and the other from the adjacent Rekhes HaGidonim hilltop community, were detained on the morning of Tuesday, January 20 on suspicion of injuring rioting Arabs who attacked IDF forces. On Wednesday, January 21 a police line-up was conducted in which the Arab complainants did not identify them as having shot at them. Later the same day a deliberation took place at the Lod District Court on an appeal filed by Honenu attorney Adi Kedar for the release of the detainees. During the deliberation the Yehuda and Shomron District police prosecutor claimed that he did not know whether or not a police line-up had taken place with the two detained members of the squads, despite the fact it had been conducted and the detainees had not been identified. At the opening of the deliberation Kedar mentioned that the two rapid response squad members had not been identified in the police line-up, which supports the pleas of the defense and the request for their release. However, rather surprisingly the police representative, Avi Tivoni, claimed that he did not know whether or not police line-up had been conducted. Tivoni, who is certified as an attorney and serves as an investigator in the Department of Nationalist Crime, claimed that, “I do not have results of a police line-up and I do not know if one has been conducted as of now.” Tivoni stated that after he had traveled from the Ariel Police Station in which the line-up had been conducted, well after the line-up had been conducted, in the Lod District Courthouse and in the presence of the Honenu representative who had been present at the line-up. Honenu attorney Adi Kedar was astonished by the response of the police representative and suggested that he take a break and ask his commanders what the results of the line-up were. Tivoni declined the suggestion and again declared to the court that, “I reassert my statement and I stand behind every word which I have said. I have no idea whether or not a police line-up was conducted.” At this stage Judge Yehezkel Keinar ordered that the deliberation be stopped and obligated the police representative to verify the matter with his commanders. After several minutes Tivoni gave the court a written response on the matter, the content of which was not given to the defense attorney. Honenu is furious about the conduct of the police. Honenu attorney Kedar calls for examining the incident, which in his opinion is liable to constitute the violations of disrupting legal proceedings and concealing evidence, which could bring about the release of the detainees. “If the investigator knew and shamelessly lied to the court, that is a serious incident. And if his commanders did not take the trouble to update him on a significant investigatory procedure which was conducted, and that is when a deliberation is taking place on the matter at the district court, that is an incident no less serious,” say members of Honenu’s staff who note that they have not infrequently encountered lies and manipulations by police representatives from the Yehuda and Shomron District in their attempts to extend the remand of innocent suspects. “I regard with severity the scandalous conduct of the police when during a deliberation at the [Lod] District Court the police knowingly and intentionally chose to not inform the court of the fact that prior to the deliberation police line-ups had been conducted in which the suspects were not identified,” said Honenu attorney Adi Kedar, who represented the rapid response squad members. “Even when the claim was raised by the defense, the police representative held his ground and continued to deny this fact. This incident is serious and in our opinion necessitates a thorough examination which could result in proof of disrupting legal proceedings and concealment of evidence from the court, evidence which could be of benefit to the defense.”