The Beersheva Administrative Court recently accepted a petition by the State Prosecutor’s Office against the parole board decision for the early release of prisoner Hani Darry, an Israeli resident who, together with a resident of the PA (Palestine Authority), was transporting illegal aliens who carried out the attack at Shar Shechem last June, claiming the life of Border Policewoman Hadas Malka HY”D.
The court accepted the position of the State Attorney’s Office, according to which the committee did not give weight to the danger posed by the prisoner as a result of the gravity of the offenses he committed, especially as a resident of Israel, who used this to help illegal PA residents enter Israel.
The prisoner was sentenced to 14 months in prison after he confessed and was convicted of committing offenses of causing death by negligence of border policewoman Hadas Malka and transporting the illegal under aggravated circumstances.
At the parole board, which was held at Ketziot Prison in September, the committee accepted the prisoner’s request to cut his sentence by one-third, and ordered his early release on probation, contrary to the prosecution’s position.
The Court of Administrative Affairs, headed by Justice Yael Raz-Levy, noted in her decision that the parole board’s decision was being annulled since “it deviates from the range of reasonableness … This is first and foremost because the parole board did not give the required weight to the danger that arises from its actions of the respondent that was not sufficiently reduced, and therefore the respondent did not lift the burden imposed upon him to prove that the same danger was diminished.”
In addition, the court stated that “as a resident of Israel, he is under an increased duty of care for the public’s security and the respondent is negligent in the manner in which he acted intentionally by using bypass roads in order to enable the entry of residents of the territories into Israel and that had it not been for the actions of the respondent, it would have been possible to prevent the execution of the fatal attack.”
(YWN Israel Desk – Jerusalem)