Murder of Baba Elazar: The judges sent the parties to mediation
Court defense and prosecution to process of mediation • may establish a reduced penalty to the killer • The judges find it difficult to decide: murder or determine the murder was carried out while insane
- Yoel Koritz, B'Chadrei Charedim
- ג' שבט התשע"ג
יהודה לחיאני, מעריב
Development of the murder investigation of Rabbi Elazar Abuchatzira zt"l, a year and a half ago: District court judges in Beer Sheva decided at the end of the evidence stage at trial, and after hearing the evidence of the parties, to go for the process of mediation, which may determine a reduced sentence to the murderer.
The judges are deliberating whether to convict the defendant, Asher Dahan, for the offense of murder or determine that during the action he was insane and exempt him from punishment, or give him a reduced punishment and not life imprisonment.
A legal expert: "This is not a routine procedure, usually supposed to happen at the beginning of the trial and before the court hears the evidence and proof, indicating that the judges are not completely sure on their decision, and therefore allow the parties to litigate the punishment."
Southern District Attorney's Office filed an indictment against Dahan to the District Court in Beer Sheva, who charged him with the crime of murder. But a psychiatric evaluation determined that the murderer is not fit to stand trial. Further examination of the state psychiatrist has determined that he was fit to stand trial.
After hearing the evidence and before the conclusion and sentence, the judges decided to send the parties to mediation. If mediation fails - the judges will decide the punishment of Dahan and if it is appropriate to sentence him to life imprisonment or a reduced sentence.
Soon the defense attorney and prosecutor will meet with the mediator and will attempt to reach a settlement and thus avoid the verdict of the judges.
If the parties reach a conclusion about the punishment inflicted on Dahan, the court will grant the force of a sentence. The defense will try to convince the prosecution to convict Dahan of manslaughter and sentence him to ten years in prison or intermittent reduced punishment - not to send him to life imprisonment, while his lawyers insist on conviction of murder.
The judges are deliberating whether to convict the defendant, Asher Dahan, for the offense of murder or determine that during the action he was insane and exempt him from punishment, or give him a reduced punishment and not life imprisonment.
A legal expert: "This is not a routine procedure, usually supposed to happen at the beginning of the trial and before the court hears the evidence and proof, indicating that the judges are not completely sure on their decision, and therefore allow the parties to litigate the punishment."
Southern District Attorney's Office filed an indictment against Dahan to the District Court in Beer Sheva, who charged him with the crime of murder. But a psychiatric evaluation determined that the murderer is not fit to stand trial. Further examination of the state psychiatrist has determined that he was fit to stand trial.
After hearing the evidence and before the conclusion and sentence, the judges decided to send the parties to mediation. If mediation fails - the judges will decide the punishment of Dahan and if it is appropriate to sentence him to life imprisonment or a reduced sentence.
Soon the defense attorney and prosecutor will meet with the mediator and will attempt to reach a settlement and thus avoid the verdict of the judges.
If the parties reach a conclusion about the punishment inflicted on Dahan, the court will grant the force of a sentence. The defense will try to convince the prosecution to convict Dahan of manslaughter and sentence him to ten years in prison or intermittent reduced punishment - not to send him to life imprisonment, while his lawyers insist on conviction of murder.
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