Today: Deliberation on appeal in Barkan case

Sunday, September 15, 2019, 12:00 At 15:00 on Sunday, September 15, the Ofer Military Court of Appeals will rule on the appeals filed in the case of Amjad Walid Suleiman Na’alwa, the brother of the terrorist, Ashraf Walid Suleiman Na’alwa who murdered Kim Levengrond-Yehezkel, Hy”d, and Ziv Hajbi, Hy”d, in the Barkan Industrial Zone on October 7, 2018.
The Shomron Military Court convicted Amjad Na’alwa of failure to prevent a crime because he had been aware that his brother possessed an illegal weapon, and did not fulfill his obligation to prevent the attack. Additionally Amjad was convicted of disrupting legal proceedings for removing video clips from the security cameras in the terrorist’s home for the purpose of preventing the army from obtaining information about the terrorist and his accomplices when the armed terrorist was fleeing the security forces.
Amjad was initially exonerated, because of reasonable doubt, from preventing the attack, although he knew that his brother possessed a weapon and knew that his brother had warned their mother that the IDF was likely to search their house and detain suspects. The Shomron Military Court sentenced Amjad to twelve months in prison, which will come to an end in a month.
The Military Advocate General filed appeals on the leniency of the penalty and also Amjad filed an appeal on his conviction for preventing the possession of the weapon and the severity of his penalization. In the appeal the Military Advocate General claimed that the lack of action by the defendant, Amjad, enabled the murder of two Israeli citizens, and therefore the penalty should be stringent. Concerning the disruption of legal proceedings, the Military Advocate General claimed that it was particularly serious because of the severity of the crime for which the defendant was attempting to disrupt legal proceedings, and also because of the fact that the terrorist had not yet been apprehended and therefore posed an immediate danger during the investigation.
On Thursday, September 12, a deliberation took place on the appeal. Rafi Levengrond, Kim Levengrond-Yehezkel’s father, spoke and demanded that the judges not allow the release of the defendant because his release would damage the deterrence factor against terror and facilitate additional attacks.
Honenu Attorney Chayim Bleicher, who is assisting the victims’ families stated that, “Time after time we encounter lenient treatment of terrorists’ families and their accomplices, despite their assistance to terrorists and despite the fact that they could have prevented the attack and did not do so. In the case at hand the defendant is the terrorist’s brother, who after the attack actively attempted to thwart the apprehension of the terrorist and his accomplices by the security forces. Also after the investigation it was revealed that he had known that his brother possessed a weapon and trained with it, knowing that IDF forces were likely to come to the house and carry out detentions.
“We expect the Military Court of Appeals to impose a stiff penalty on the defendant and not to settle for a one-year prison sentence. The release of the defendant, the brother of the murderer, now would send a message of undue leniency towards terror and invite future attacks.”
Honenu Attorney Chayim Bleicher and Rafi Levengrond will be present at the deliberation today at the Ofer Military Court of Appeals.