Honenu Attorneys Rom (L) and Hajbi (R); Photo credit: Honenu
Tuesday, August 15, 2023, 13:35 Earlier today (Tuesday) Jerusalem Magistrates Court Judge Amir Shaked refused a request by the police to extend Yehiel Indor’s remand by eight days and released him to house arrest. Following the decision, the police requested a delay in carrying out the decision to allow them time to appeal to the District Court. Judge Shaked agreed, and a hearing will take place before District Court Judge Alexander Ron at 14:00 today. Honenu Attorneys Avichai Hajbi and Nati Rom represented Indor at the Magistrates Court hearing.
During the hearing, Indor’s attorneys stressed that Indor had cooperated fully with the investigators during the 12 days of investigation. Still, the police behaved as if this was the first day of hearings. Likewise, the police representative said that they do not have documentation of the incident from start to finish. The police representative also said that several rocks had been taken from the scene for DNA testing to clarify the identity of the attackers.
Moreover, at the hearing, the police admitted that the body of the dead Arab rioter had not undergone an autopsy, and they intend to ask the Institute of Forensic Medicine for an expert opinion. This contradicts the police claim at a hearing last week that according to an announcement received by the police and presented to the court, the body had undergone an autopsy. The police also admitted that the Palestinian pathologist who examined the body stated that the deceased was shot from several meters away and that no bullet connected to Indor’s personal weapon was found.
At the conclusion of the hearing, Judge Shaked released Indor to house arrest. However, the police requested a delay in carrying out the decision to allow them time to appeal to the District Court. Indor’s attorneys opposed the request and claimed that there has already been a delay of justice. Judge Shaked agreed to a delay until 13:00 tomorrow and allowed an appeal to the District Court until 15:30.
Honenu Attorney Avichai Hajbi stated after the hearing, “Today, for the second time, the Magistrates Court released Yehiel Indor to house arrest. The court unequivocally ruled that Indor’s case could be investigated even if he was under house arrest. We also discovered that the investigating unit incorrectly stated that there is a pathological report. Therefore, they cannot know the cause of death of the Arab rioter or from what angle the shot was fired. They cannot answer the question of whether the shot was fired by Indor or if it was fired after he was brutally attacked and his skull shattered.
Yehiel Indor’s serious head injury; Photo credit: Free use
“The court noted that reasonable suspicion had not grown stronger the 12 days that Indor has been in remand despite his physical and psychological condition. We are pleased with the court’s decision. I hope that the investigating unit and the State Attorney’s Office will stop obsessing over this case and not appeal to the District Court. This case can continue, and Indor can be investigated while he is under house arrest. From the start, we said that this case is about a brutal attack by Arabs on Jewish residents of Binyamin. There were no grounds for the attack, and we are pleased that the court has put an end to this saga. I hope that the District Court does not change its decision while ruling on the appeal,” Attorney Hajbi added.
Honenu Attorney Nati Rom added, “Today, we saw what we had predicted from the start. It is not clear why my clients, Jews who were attacked, have been persecuted so zealously. Meantime, regarding the Arab attackers, the police said they need to coordinate efforts and bring in many forces. They have not made arrests, and they have not appealed even once the release of the few Arab suspects they have detained. Every day that Indor, who is still recovering from neurosurgery, sits in remand is regrettable. He has a clear claim of self-defense. If this was not self-defense, then this right can be stricken from the law books. We are pleased with the court’s decision and hope that it is not appealed.”
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.