A hearing was held on Thursday regarding the petition by the Force 100 reservists—who were accused of beating a Hamas terrorist in the now notorious Sde Teiman case—to revoke their indictment in light of the disgraced Military Advocate General’s deliberate leak of the so-called evidence (a doctored video) to the press.
The president of the court responded to the reservists’ lawyers’ arguments as “weighty” and ordered the military prosecution and the incoming military advocate general (MAG) to respond to the demand.
Chief Military Prosecutor Col. Eli Labartov said during the hearing that the decision in the case will be made by the new Military Advocate General, who will assume office in about two weeks. In the meantime, the military court ordered the suspension of the mediation process currently underway between the Military Prosecution and the reservists’ defense attorneys.
The immediate implication of the decision is that all legal proceedings in the case are frozen until the official appointment of the incoming Military Advocate General and his decision on the matter.
At the opening of the hearing, the soldiers confronted Col. Eli Labratov: “What are you doing here? Are you involved in the leak too? Where is the previous prosecutor who is under investigation in the affair?”
Attorney Ephraim Damari said to the press, “The reservists are innocent, and we are determined with nothing less than a revocation of the indictment—or with an acquittal. If they don’t want to revoke the indictment, we will go all the way to a full acquittal. Even if they want to conduct a trial, they have no prosecution witness. The reservists are planning to file lawsuits against the former MAG, the IDF, and anyone involved in the wrongdoing.”
Attorney Adi Keidar said, “This is a dramatic day. If the Military Prosecution and the Chief Military Prosecutor truly want to rehabilitate their reputation, the obvious step today is the immediate revocation of the indictment.”
“If that does not happen, we will conduct this trial to prove the reservists’ innocence. Every branch of the Military Prosecution contaminated the investigation. There’s no court in the world that could issue an indictment under such conditions. Their names must be cleared, and that is the least that can be done for them after what they have endured. Every day that this case continues from this day forward—someone will have to pay the price.”
“We hope the state itself will say, ‘We are canceling the indictment.’ This is one of the most severe corruption affairs the state has known, certainly within the legal and justice systems. We hope the indictment will be canceled so the reservists and the State of Israel can be freed from this event, and at the same time individuals worthy of rehabilitating the system will be found.”
Attorney Adi Keidar said, “We believe the matter is quite simple. The court said it is ‘weighty,’ but from a legal standpoint this case has no future—it must be revoked immediately. It was signed and approved by individuals who allegedly committed serious crimes, some of whom have confessed to these acts.”
““It is time to release the reservists from this painful episode. Every day that this indictment continues to stand is a disgrace to the system. Rehabilitating the reputation of the Military Prosecution must begin with revoking this indictment.”
(YWN Israel Desk—Jerusalem)