Punishment: life imprisonment for murderer of Baba Elazar

The District Court Be'er Sheva sentenced a short time ago a life sentence for Asher Dahan resident of Elad , 45, convicted of killing Rabbi Elazar Abuchatzeira in Be'er Sheva two and a half years ago.

The court ruled that there is a right to protection due to temporary insanity. Dahan said he was sorry for what he did and if he could turn the clock back, he would do it.
Tomer Orinov , the defendant's attorney , said in a conversation with B'Chadrei Charedim that he is surprised of the verdict , in light of the evidence led . "There are many opinions cited, both from the Ministry of Health, the accused is unfit to stand trial, and subsequently decided to appeal the decision."

South County Prosecutor's Office said that this serious and complex case legally, while two questions arose - whether the defendant was responsible for his actions during the murder and is it enough to stab one of the deceased to bring conviction of the accused in the offense of murder?

"Many witnesses testified on the case. Request of the Prosecutor's Office Southern District Court appointed a panel of experts discussing the question whether the defendant was responsible for his actions. Prosecution argued that even if the defendant suffered from a mental disorder, not the disorder came to exempt from criminal liability due to mental illness. Psychiatric opinion of the expert panel determined that no religious behavior and thoughts of the defendant, to see which gives it a mental illness from criminal responsibility."

They added "The court adopted the prosecution's position regarding both the defendant and qualifications regarding the existence of the crime of murder, the defendant stated convicted of murder and sentenced to mandatory life imprisonment."

"The rabbi was stabbed once and fatal stabbing himself, and apparently died instantly without suffering," testified MDA paramedic. "Knife was a large and significant kitchen knife, thereby contributing to the fatal injury."

The perpetrator Asher Dahan told the police: "I do not know what demon or devil came into my body in those moments. It was a situation I had no control over myself. Yetzer hara led me. Nobody asked me questions, I came to know the rabbi and all his assistants knew me". He went on to describe, "I waited to be the last as the rabbi come in to be with him alone." When Dahan entered the room of Rabbi Abuhatssira he kissed his hand and said a few words. Seconds later he pulled out the knife and stabbed the rabbi in his chest. "When I saw the rabbi I was shocked. I quickly pulled the knife out of the body and stabbed him right in the chest. He shouted and collapsed on the floor," Dahan described the moment of the shocking murder.

Dahan was sent a week looking at a psychiatric hospital after he was held in solitary confinement in prison which was established in Ashkelon. Later he was issued and sent to a locked ward in a mental hospital.

However, the Court did not accept the medical opinion, stating that he is fit to stand trial. Dahan argued at the hearing that sought to harm the Messianic Rabbi Following enlightenment experiences, and that money blinded eyes of the wise. Dahan also claimed he had not meant to kill the rabbi. Another psychiatric evaluation conducted later revealed that he was fit to stand trial, and the parties sent to mediation.

On 22nd Av תשע"א filed against Dahan indictment, according to which: Dahan came into the Rabbi on Thursday night, in order to hurt him after he received a blessing which had not materialized. According to Dahan the problematic blessing, was in connection to his relationship with his wife. Dahan suspected that his wife does not behave appropriately, but the rabbi advised him to stay with her after all. This advice was given, according to Dahan, due to lack of judgment and the pursuit of money.

The indictment describes how Dahan took 24.5 inch knife from his son's room and hid it in the tefillin bag he was carrying. After making sure that the rabbi gets a crowd that day, came he came to his home in Beersheba, and left home with a knife in his pants, under his jacket - so he can retrieve it easily. The defendant also wrote a letter so he could distract the rabbi during the stabbing.

At around midnight Dahan stood in a line of people who wanted to get advice from the rabbi. When it was the turn of Dahan he gave the letter to be Nissim Elhara , standing beside the rabbi and the gabbai gave the letter to Rabbi zt"l. Rabbi holding the letter in his hands, bowed his head and began to read the letter. At this time, Dahan leaned in his direction while pushing Nissim Elhara . He muttered, "in the name of Hashem may we succeed," pulled the knife from its sheath which was hidden in his pants and stabbed the late Rabbi stabbing a length of about 7-8 cm in the left chest , sixth intercostals space , a stabbing that killed the Rabbi.

'בחדרי' גם ברשתות החברתיות - הצטרפו!