Sunday, July 30, in the court of appeal of the «Kyrie» is the reading of the verdict on the appeals filed against the verdict in the case Elora Azariah.
The head of the court of appeal major-General Doron Felis not declared, opening the session of the court, that Azariah is justified. According to legal practice, it means that a guilty verdict upheld. At the moment the reading of the court’s decision continues.
The court of appeal dismissed most of the defense arguments. The court ruled. what examples of similar incidents which did not result in investigation, are not relevant in this case. Attorney Yoram Sheftel, representing Elora Azariah, gave the court no less than 15 examples.
The judge also noted that there is no reason to examine the new evidence. The decision of the court of appeal stated that the testimony of corporal T. showed at the inquest that heard from Elora Azariah the intention to kill a terrorist is true. Also consider correct the decision of the court condemning Elora Azariah, to consider the true most of the evidence for the prosecution. At the same time, the judge ruled that the testimony of the company commander Tom Naaman «problematic.»
The judge noted that the version of Alora Azariah cannot be considered conclusive, as was formed in the course of the investigation, was changed several times and is full of contradictions.
We will remind that on 24 March 2016 at the intersection of Wilber in tel Rumeida two Arab terrorists, armed with knives, attacked the soldiers and wounded one of them. The attackers opened fire: one of them (Ramzi al-Kasrawi) was killed on the spot, the second (Abd al-Fattah al-Sharif) was injured. On the scene arrived the ambulance «Magen David Adom». After the wounded soldier was put in the ambulance, an incident occurred which was the cause of the trial. The human rights organization B’tselem published a video showing what was happening. This three-minute video shows how one of the soldiers (ALOR Azariah) shoots al-Sharif, who was lying on the back. The bullet hit him in the head, and the terrorist was killed. Shortly thereafter, the soldier, who has made «control shot», was arrested.
In addition to the video of the incident, a common organization B’tselem, there are others, and one of them is heard as, presumably, the doctor said that the terrorist has a bomb, and it can not come before arrival of sappers. Note that, as a rule, in such situations, neutralized the terrorists undressed to ensure that the body is not explosive devices or what’s under the clothes are not hidden weapons. The commander of the brigade, which serves as Azariah reprimanded the commander and two squad leaders that they failed to timely screening, the terrorists neutralized.
18 April 2016 Elora Azariah the military Prosecutor’s office charges were filed.
On 4 January, the military court acknowledged Azariah guilty of manslaughter of a terrorist, and in conduct unworthy of a soldier. February 21, a military court in the «Kyrie» Elora Azariah sentenced to 18 months in prison and 12 months probation. The court also demoted Elora Azariah in ordinary. The court granted the request of the defence to delay the start of the sentence before the verdict on appeal.
From the day of the incident prior to demobilization from the IDF ALOR Azariah was at its military base in the open arrest. After his discharge July 20, ALOR Azariah was placed under house arrest.
We note that lawyers representing Elora Azariah in the first trial, resigned after the family of the convicted decided to appeal.
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