ladaat

Arutz 7 As a public service, IMW views the following article from Arutz 7 Service news, Sunday, April 25, 1999 / Iyar 9, 5759 - Day 24 of the Omer, as in the interest of visitors to our web site.

Har-Shefi appeal rejected, Raviv Indicted

The Tel Aviv District Court rejected today the appeal of Margalit Har-Shefi, only hours after the long-promised indictment against Avishai Raviv was submitted in a Jerusalem court. The juxtaposition of the two upset some sources involved in the two cases. Two out of three justices ruled today to uphold Har-Shefi's conviction several months ago of not preventing the assassination of Prime Minister Rabin. Justice Devorah Berliner, however - the head of the forum - issued a lengthy minority opinion in favor of Har-Shefi's appeal. The three justices agreed, because of the complexity of the legal issues involved and the scarcity of precedents, to delay the implementation of the nine-month prison sentence until after the Supreme Court appeal.

Margalit Har-Shefi said afterwards,

"I am very pained by today's decision. As a citizen of Israel, I am obligated to honor the decision of the Court. I therefore merely want to repeat what I have said, and will continue to say until the truth becomes clear. If I had had the slightest suspicion that this man [Yigal Amir] really meant what he was saying, I would have done everything to save the life of the Prime Minister. This is the truth. I am very disappointed that I was not able to prove my innocence and to remove this terrible stain from myself. I am determined to fight to prove my innocence, with faith that the truth will emerge. I am comforted by the detailed 80-page minority opinion that ruled in my favor."

In the Jerusalem Magistrates Court this morning, the State Prosecution submitted an indictment against GSS agent-provocateur Avishai Raviv, including similar charges to those on which Har-Shefi was convicted. Raviv is charged with not preventing the assassination of Prime Minister Rabin, and with incitement to violence in the framework of his organization Eyal.

REACTIONS: ELON IS DISTURBED, DARSHAN-LEITNER SUES IN COURT

MK Benny Elon, Margalit Har-Shefi's uncle, reacted today on Arutz-7: "I was happy to hear that the head of the Court published an 80-page minority opinion against Margalit's conviction, which I am sure will help her in her appeal to the Supreme Court. I am sorry that the other two justices did not agree. I am confident that the Supreme Court will accept the minority opinion of the head of the Court, and will declare her innocence... It disturbs me that on the same day, Raviv was indicted and Margalit's appeal was rejected, and on the same charges. I don't know if it was intentional, but it appears to draw an unwarranted connection. On the one hand, [knowing of a crime and not preventing it] is a very problematic issue, which some legal experts have said should not even be considered a crime, while on the other hand, Raviv could easily have been indicted on much more straightforward clauses, such as direct incitement to violence, his calls for murder, beating up elderly Arabs, and property damage. These charges could have added up to many years in prison, and would have easily gotten him to open his mouth and say, 'GSS head Carmi Gillon told me to do this and that, and he was backed by then-State Prosecutor Dorit Beinish, etc.,' and we would have had the full story.."

Atty. Nitzana Darshan-Leitner, who has been involved in various aspects of the case, plans to file an appeal with the Supreme Court on Tuesday against the limited indictment of Avishai Raviv. She told an Arutz-7 reporter today that she demands that Raviv be charged with other crimes, specifically his perjury in the trial of Yigal Amir's brother Haggai. She said today:

"The fact that after years of foot-dragging, the State Prosecutor finally decided to indict Raviv on the exact morning that Margalit Har-Shefi's appeal is decided shows the government attorneys' continuing fears that this case could pose serious criminal liability for several GSS officials, the Labor Party leadership, and the government attorneys who had advised them in the past... Moreover, the decision to charge Raviv only with failing to prevent the shooting - and not with having played a crucial role in the assassination - is a disturbing breach of the State Attorney's duty and an abuse of her discretion. It is plainly a political decision made by individuals who know that Raviv could easily turn against his handlers, the GSS leadership, the former Attorney-General, and the State Prosecutor's office itself, and reveal their own illegal conduct. The fact that Raviv has not been indicted for his perjured testimony [at the trial of Haggai Amir] is a travesty of justice. How could he publicly deny under oath that he was a paid GSS agent while the Tel Aviv prosecutor and GSS legal advisors looked on in amusement?... Let no one be surprised if and when Raviv decides now to plead guilty and not stand trial, in exchange for a light sentence or fine. And let no one in the State Prosecutor's office be surprised when the cloud of conspiracy and allegations of a cover-up continues to hover relentlessly over the assassination of Rabin."

Arutz Sheva Israel National Radio
is a project of the Bet-El Yeshiva Center Institutions.

Arutz-7 News Service.

IMW is a registered non-profit organization whose major aim is assuring the ethical and fair conduct of the Israeli media. 

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