Elisha Yered in court; Photo credit: Honenu
Wednesday, August 9, 2023, 11:16 On Wednesday, August 9, a Supreme Court hearing was held regarding the State Attorney’s appeal against the release of Elisha Yered from remand by the District Court. Before the hearing, Honenu Attorney Avichai Hajbi said, “We hope that the Supreme Court will agree with the District Court and with us that the evidence in the case is weak, if not non-existent. And we hope that the Supreme Court will put an end to this saga today.”
Approximately one hour into the hearing, very unusually, the presiding justice agreed to a request from the GSS and removed Yered’s attorneys from the courtroom. For approximately 20 minutes, the hearing took place in the presence of only the justice, the GSS, and associates from the State Attorney’s Office.
Honenu Attorney Avichai Hajbi spoke after the hearing: “Today, the State Attorney’s Office placed before the Supreme Court intelligence material from the General Security Service. This material cannot connect Elisha Yered or others to the crimes attributed to them. The Supreme Court also said that the case will be returned to the Jerusalem Magistrates Court, and they will decide whether to release Elisha Yered. I am certain that the documents presented by the GSS paint a colorful picture of Elisha Yered. However, they are not relevant to criminal proceedings. I think that the Magistrates Court will honor the District Court and leave the matter such that Elisha Yered will be released to house arrest.”
Honenu Attorney Nati Rom added: “We came to the Supreme Court for a hearing on a request to appeal the District Court’s decision, a rare occurrence. Such requests are usually refused, certainly when the matter at hand pertains to fundamental broad issues. We came but were asked to leave the courtroom when only representatives of the GSS, the State Attorney’s Office, and the police were present with the presiding justice. We were outside for twenty minutes, and the moment that we returned, the justice said that she wanted to decide. I am not acquainted with anything like this, and it is a very difficult feeling. Nonetheless, we are pleased that the court found it correct to rule that a practical remand extension of half an hour or an hour, until they arrive at the District Court, does not constitute any sign regarding the evidence in the case. We sincerely hope that the Magistrates Court will have the courage to release our client today due to lack of evidence.”
Excerpt from the Supreme Court decision (emphasis not in the original): “After I examined the evidence at hand, and because the decision is specific and focused, and without my giving any opinion regarding the question of the continued remand of the defendant – the question that as stated will be determined by the Magistrates Court considering all the evidence that will be presented before them – I order the delay in carrying out the decision of the District Court to be continued until the Magistrates Court hearing, that is until today at 13:00. As stated above, the Magistrates Court will rule on the request to continue the remand of the defendant and decide as they see fit.”
Yehiel Indor is still recovering from neurosurgery at Sha’arei Tzedek Hospital. Due to his hospitalization and his medical condition, the Magistrates Court hearing will be held in his absence. Honenu Attorney Adi Keidar will join the defense team at the hearings today. He and Honenu Attorneys Avichai Hajbi and Nati Rom will represent Elisha Yered and Yehiel Indor. Judge Tzion Saharay will preside over their cases.
Background
On Friday, August 4, shortly before the onset of Shabbat, near Oz Tzion in the Binyamin region, dozens of Arab rioters attacked a Jewish shepherd and local Jewish residents who came to his assistance. The incident began when the Jewish shepherd left Oz Tzion to graze his flock in the area between Oz Tzion and the nearby Arab town of Burqa. Several Arabs approached and threatened him. The shepherd, who felt that he was in danger, summoned other Oz Tzion residents who came to stay with him and prevent the situation from deteriorating.
Dozens of Arabs armed with clubs, fireworks, and large rocks surrounded the Oz Tzion residents. The Arabs launched fireworks directly at the residents and hurled the rocks at them from point-blank range, endangering their lives. The residents called the army and civilian security forces for help. One resident (Yehiel Indor) was hit in the head with a rock and seriously injured. With his remaining strength, he opened fire with his legally-owned personal weapon to defend his life. Several other residents were slightly injured. According to media reports, one of the Arab rioters was killed. Elisha Yered, who transported Indor to an ambulance, and Indor were detained.