However, if after final sentencing, the rulling
G-d forbid is not to allow him to finish his sentence in Israel, then perhaps they might as well, appeal, especially if the prosecution’s case is a bit shaky as it sounds like it might be.

This is not to say that 4 years in any prison even in Israel, is anything to look forward to.

But at least he can be visited by family more easily, and it should be easier to learn Torah and daven and get kosher food.

In fact, if he spends his time in prison, dilligently learning as much as possible;
He might wind up doing nearly as well in learning as he might have done in yeshivah.

This could mean, that those years would be productive, even under the far less then ideal conditions, that a prison term, represents.

Be honest, realistic and accurate. The mantra of “”Vahavta L’rayacha Kamocha” is depended very much on who people consider there ‘Rayacha’….

Dear All,

I apologise for my blunt message sent from the courtroom during the court session a few hours ago. I have now had the time to provide you with a detailed report, shedding light on several factors of the case.

1)
We have a lot to be thankful to H-ashem: Statistics of Japanese conviction rate stand at 97.8% of all indictments.
It is extremely rare for judges to pass verdict of less than half of the sentence recommended by the prosecutor. Klal yisroel’s tefillos have accomplished so much.

2)
The verdict was based on cold logic, and assumptions. Only circumstantial evidence exists.
There is no objective evidence that shows the state of mind of the defendant and his clear knowledge of the contents of the suitcase he was transporting.

3)
Enormous efforts were invested in accumulating the defence teams arguments, 120 pieces of subjective / supportive evidence, and several expert testimonies. However, ultimately the judges concluded that the defendant could have had some very slight doubt about the contents of the suitcase, and this, in their opinion, is sufficient to pass a guilty verdict, but not enough proof of knowledge to deserve a higher sentence as recommended by the prosecutor or even close to his recommended sentence.

4)
According to the amount of illegal substances that were carried into Japan, the initial prosecutors recommendation of 13 years is reasonable. However, the judges aren’t confident in their own conscience and therefore gave less than 50% of the prosecutors recommendation.
Also interrelated to the judges decision is the fact that handing down a low sentence lowers the risk of the judges losing face at an appeal stage at the Higher court, since defense will probably not appeal. (In other words, the presiding judges would be afraid of an appeal because of the weakness of the fact finding structure and their evaluation of evidence. In a trial of a foreigner, giving a low sentence is a kind of incentive to the defence team not to appeal, because in theory this would delay a transfer process to the defendants home country.

5) There are many grounds for an appeal, amongst others, concerning the results of the Polygraph examination. The judges relied on a junior examiners opinion, which everyone in the court realised during her several testimonies, was very unreliable.

6)
Yakov Yosef has shown unfathomable emunah throughout this ordeal. Emunah of such a level that baffles the askonim who meet with him regularly. Now, after hearing his sentence, his emunah is un shaken.
Whist being led out of the courtroom, handcuffed, he charmfully and politely waved unconspiciously to the minyan of Yidden in attendance, in gratitude of them coming to show solidarity.

Rabbi Dunner and Rabbi Nezri accompanied the senior defense attorneys to visit Yakov Yosef immediately after the court session was adjourned. Yakov Yosef was in strong spirits and said that this sentence was a nitzachon (victory) and nisayon that he accepts in his stride.

Likewise his parents and siblings have demonstrated tremendous emunah and tzidkus.

May H-ashem give Yakov Yosef and his family the strength to pull through this tribulation, and give the askonim chizuk, spritual and emotional, to continue their tedious efforts for the welfare of the bochurim.

In summary:

Of the 13 years recommended by the prosecutor, Yakov Yosef received a verdict of 6 years.

From the six years are deducted 500 days, i.e. 70% reckoned from time already served in detention since his arrest.

Hopefully, Yakov Yosef’s transfer to Israel won’t take too long.

Once in Israel, Israel will reckon the time already served in detention as a full two years).

Furthermore, Israel can deduct another 2 years (1/3 of sentence).

On the other hand, a full acquittal would have meant a definite appeal by the prosecutor, meaning up to another 2 years in Japan, and risk of chas vesha-lom receiving the full recommended 13 year sentence.

Therefore this is probably the best scenario bechasdei H-ashem.
Many thanks for klal yisroels tefillos, support & encouragement. The achdus has caused a great kidush H-shem.

Tomorrow, Thursday, the askonim are reconvening with the defence attorneys to evaluate the situation and discuss future strategy.

Please continue to daven for the welfare of Yoel Zev ben Mirel Rissah Chaveh whose trial will take place after Pesach, and for the welfare of Yakov Yosef ben Reizel and Yosef ben Itah Rifka who are both incarcerated.

Shenishma Besuros Tovos.