Families of Barkan terror victims to testify

Tuesday, July 23, 2019, 17:42 A hearing regarding the penalty to be imposed on the brother of the Barkan terrorist, who was convicted of failure to prevent possession of a weapon by his brother and of disrupting legal proceedings, will take place at 10:30 on Wednesday, July 24, at the Shomron Military Court in Salem. At a July 17 hearing Judge Rinat Levi Moskowitz exonerated him from the crime of failure to prevent the attack. The families of the victims of the October 2018 Barkan terror attack will testify and also demand that the Military Advocate General appeal the recent ruling and convict the brother also of failure to prevent the attack.
Honenu Attorney Chayim Bleicher, who is representing the families of Ziv Hajbi, Hy”d and Kim Levengrond-Yehezkel, Hy”d, will be present at the deliberation as will Kim’s father, mother and sister. Additionally, Bleicher will submit a letter from Iris Hajbi, Ziv’s mother, to the judges.
Bleicher stated that, “We are of the opinion that the terrorist’s brother could have prevented the attack, but did not do so, and therefore caused the brutal and devastating results for the families of the murder victims, for the injured and for all citizens of Israel. The families of the murder victims will demand stiff penalties for the members of the terrorist’s family [who could have prevented the attack] and thus will create a deterrence factor and prevent terrorist’s families from allowing their relatives to slaughter Israeli citizens.
“Additionally we will demand that the Military Advocate General appeal the verdict and demand the conviction of the terrorist’s brother of failure to prevent the attack. The defendant was aware that his brother possessed a weapon and practiced shooting. The defendant knew that the terrorist had warned his family that the house might be searched by IDF forces. After the attack the defendant actively concealed information located in the home’s security cameras in order to prevent the IDF from obtaining information about the terrorist and about others involved with the attack. This does not correspond at all to the conclusion by the court, which exonerated the brother of the terrorist from failure to prevent the attack itself, by reasoning that it had not been proven that the defendant had sufficient cause to suspect the intent to carry out an attack.”
Amjad Walid Suleiman Na’alwa, the brother of the Barkan terrorist, Ashraf Walid Suleiman Na’alwa, was convicted of failure to prevent possession of a weapon by his brother and of disrupting legal proceedings. The bill of indictment states that the mother of the terrorist told Amjad about his brother’s intent, and despite that, “The defendant [Amjad] did not inform any authorities whatsoever and did not act in any other reasonable manner to prevent the crime which his brother committed.”
Additionally, “After the murder… the defendant phoned his wife and asked her to dismantle the recording device. Afterwards he spoke to [name redacted] and asked him to take the recording device from his wife, because there was a concern that the security forces would impound the device and see his brother Asraf holding the weapon in his house and in his presence.”