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.
|