Tuesday, 1 December, the High court of justice (the high court of appeals) reversed the decision on the destruction of the house of the Nablus resident Nur al-DIN Abu Hashiya who committed the attack, which was killed 20-year-old IDF soldier Almog of Shiloni.
The attack was carried out on 10 November 2014 near train station «AGANA» in tel Aviv.
The decision, adopted by majority of the members of the panel of three judges, motivated by a large period of time elapsed since the Commission of the crime.
The judge Menny mazouz held that «the need to implement the decisions taken at the appropriate time is one of the most important components of a functioning government.»
According to the judge Zvi Silbertal, «there is reason to fear that sanctions a year after the Commission of the crime will have a fair and proper element of deterrence». Silbertal added that «given the damage that will be caused by the destruction of the house, I think the use of such sanctions through such a long period of time, unacceptable.»
Judge Elyakim Rubinstein, remaining in the minority, noted in its opinion that «the partial destruction of the house could create a balance between the time that has elapsed since the publication of the decree about destruction, and the already mentioned the need to strengthen deterrents».
The indictment was charged with a terrorist on 24 November 2014. According to the indictment, Abu Hashiya infiltrated into Israel a day before the terrorist attack. He originally planned to kill soldier and become a «Shahid». For the attack he bought at the flea market in Jaffa knife with a long blade.
The gunman elected a place of terrorist attack train station, because I knew that there is always a lot of people, including soldiers. Near the entrance he saw Shiloni who had an automatic rifle M-16. The gunman decided to attack the soldier, grab his weapons and «kill as many Jews as possible. He approached Shiloni Almog and struck it some blows with a knife while trying to acquire weapons of a soldier. Thanks to the intervention of witnesses to the incident, the terrorist managed to carry out his plan and was forced to flee, leaving the knife. After a short time he was detained by the police.
During the investigation, Abu Hashiya fully confessed to his alleged actions. He is accused of premeditated murder.
The decree about destruction of the house of the terrorist was issued on 3 October 2015.