Verdict in Azariya Appeal: Lower Court’s Conviction Stands as Does the Prison Sentence

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The IDF Appeals Court on Sunday announced on Sunday that the ruling of the lower court is upheld, rejecting the defense’s appeal outright, rejecting the claims presented to the court by defense counsel one by one and rejecting any and all efforts to cast a shadow of doubt on the testimony heard in the lower court as well as regarding allegations pertaining to at least one judge in the lower court; claiming he was motivated to act as he did by an imminent promotion. The court ruled the defense failed to present evidence justifying a change in the earlier verdict or sentence. The court also rejected the prosecution’s appeal and the 18-month sentence remains as is.

The IDF Appeals Court on Sunday 7 Av, headed by Major-General Doron Piles, heard the appeal of former Sgt. Elor Azariya, who has since been discharged from the service since his lower court conviction, having completed his three-year compulsory term. The court felt that his version of the events on that Purim day in Hebron were “unreliable”.

The court also rejected an effort by defense attorney Sheftal to discredit the testimony of fellow soldiers, as Sheftal tried to discredit the testimony accepted by the lower court. The appeals court upheld the testimony, calling it reliable. In fact, the higher court placed a question mark on the reliability of Azariya’s testimony. The court also stated he acted as one does at a shooting range and not as one should at the scene of a terror attack. The court added that the defendant acted in contradiction to open-fire orders.

The court stated the defendant was not acting out of self-defense and there was no immediate danger to his life as he claimed.

Azariya was found guilty of manslaughter by the IDF lower court and sentenced to 18 months imprisonment.

Attorney Sheftal indicated at the outset that if the appeal is rejected, he may take the case to the High Court of Justice.

(YWN – Israel Desk, Jerusalem)

7 COMMENTS

  1. Poor guy! He’s an 18 year old kid who killed a killer and for fear of his own life, the lives of others or just he’s 18 and 18 year olds do things like 18 year olds. He is not a killer of an innocent individual.
    That’s Zionism for you!
    It’s only cuz of מה יאמרו הגויים. It’s not a just decision.

  2. But the hero of the Israeli Embassy in Jordan who killed two people, one of whom may have been a terrorist [although on the evidence available that is highly unlikely] and the other certainly was not, gets brought home and hugged by Bibi. Let all those duped into serving in the IDF remember that the army doesn’t care about you and will throw you to the wolves without a second’s thought. However if you have a cushy job as a “security guard” in an Israeli Embassy abroad and lose you temper with a delivery boy who then goes for you, you can shoot in all directions killing as many people as you like. After the major diplomatic crisis your trigger happy hand has caused has been settled by the intervention of world leaders, you will be welcomed home as a hero by Bibi himself. Something wrong somewhere here.

  3. This was a stupid trial! It should never have happened.
    Elor should never have been tried! He should receive a medal.
    The persons that should be tried for criminal negligence are those responsible for not executing these cold blooded murderers, giving them easy prison conditions at the expense of the tax paying victims, and then releasing them to commit more murders.
    This trial and the “humane”??!! treatment of terrorists presents a picture of weakness, cowardice and plain stupidity to the world.
    This encourages terrorism.
    Our stupid government has the blood of all the terror victims on their hands.

  4. Another shameful day in Israel. This comes after the terrorist that was shot on the har habais got up and could have done harm to others.

    The Israeli court system and its judges are evil.

  5. Yet further proof that no good deed goes unpunished. Azariya zaps a terrorist and goes to prison, instead of receiving honors for ensuring that another terrorist won’t be used as a bargaining chip the next time an IDF soldier is captured.

  6. i aggree100% he should get a big medal for killing someone who would kill you and get a prize from the PA, what a no sechel court system , idiots . Well this is a non proud secular state ,that wants to look good in the eyes of the liberal idiotic world ,Remember IF YOU STAND FOR NOTHING ,YOU FALL FOR EVERYTHING signed YCS