The prosecution plans to appeal to the High Court of Justice after Jerusalem District Court Justice Tzvi Segal sentenced Binyamin Yehuda Rabinowitz to four months imprisonment, six months probation, a 5,000 NIS fine and a suspended license for five years.
The case refers to Rabinowitz striking an 18-month-old infant and caretaker when he lost control of a vehicle two years ago, driving without a license. Rabinowitz, who was a 19-year-old yeshiva student at the time, struck Shira, who sustained irreparable neurological damage now left severly handicapped for life R”L. Rabinowitz phoned MDA and then fled the scene, hanging up on the emergency dispatcher when asked to identify himself.
Despite the prosecution’s efforts to find him guilty of more serious offenses, the court conviction was for driving without a license and causing an accident. The court decided to show mercy towards the young defendant. The court rejected allegations that it was a hit-and-run, as Justice Segal stated that even though Rabinowitz did not identify himself he did not abandon the scene without calling for an ambulance.
Shira sustained profound neurological impact from her serious head injuries, no longer capable of progressing in her development as a normal child. Her parents did not appear in court feeling there simply was no point. Now, after the conviction and sentencing they question how in one case, a male throws a rock at the Jerusalem light rail and no one is injured, yet he is sentenced to jail for 18 months, while here, a girl’s life is ruined and the responsible party is only sentenced to four months imprisonment.
(YWN – Israel Desk, Jerusalem)