Jerusalem District Court Judge Ilan Sela annulled the conviction of Noam Federman’s son after it was documented on B’Tselem’s cameras along with his father, chasing after Arabs, throwing rocks, and damaging cars with PA (Palestinian Authority) license plates parked nearby.
Federman and his son were indicted on charges of intentionally sabotaging vehicles, and their guilt was determined in the Jerusalem Magistrate’s Court. Noam Federman was convicted and sentenced to 40 days’ community service, probation and monetary compensation.
At the trial of the son, who was represented by attorney Itamar Ben-Gvir, it was claimed that he was a full-time combat soldier, a young man with normative values and positions that respected the law. Attorney Ben-Gvir claimed that it was necessary to take into account that in the acts of the son and the father, which prevented injury to others who might have gone through the same area and would be attacked with stones as an IDF jeep fled the area.
Justice Sela ruled in his decision that protected values were indeed compromised and vehicles damaged, but that there was no premeditation and that the defendants found themselves in a situation in which stones were thrown at them and they pursued the stone throwers to prevent danger to others on the road. It was further determined that the defendants’ sin was that they did not know how to stop the appropriate action they had taken to stop the stone throwing.
In the case of Federman Jr., the judge accepted the claims of attorney Ben Gvir and determined that in light of his personal data, the fact that he is law-abiding and took responsibility for the damage to cars, and therefore, he cannot be convicted and the court overturned the conviction.
The court also rejected the punishment of community service that the state sought to impose on Federman Jr., and the judge ordered a fine of NIS 400, NIS 200 for every owner of a car that was hit.
Attorney Ben-Gvir said in response that, “While I believe that the court should have completely exonerated Federman Jr., as well as the father, but there is no doubt that the court took into account the existing circumstances, including the heroic act of the defendants who stopped their vehicle and pursued after stone-throwers. I am pleased that the court ruled that Federman Jr. cannot be convicted and believes that there is a message from the court that the lives of Jews are not abandoned and that they have the right to defend themselves.”
(YWN Israel Desk – Jerusalem)