י"ז אלול התשפ"ד
20.09.2024

More police default: Bracha negligent and the State paid

Cleared for publication: The head of the fraud squad, Sub - Ephraim Bracha - also involved in the case of Rabbi Pinto - neglected his post • state has been required to pay

More police default: Bracha negligent and the State paid
משטרת ישראל

More police default: Ephraim Bracha, head of the fraud squad, was negligent in the investigation he headed ten years ago and the country was forced to give compensation due to the offender. This was cleared tonight (Wednesday) for publication.

The District Court held that while Bracha served as investigations section at the central unit of the Tel Aviv District, he neglected his post. "Bracha did not operate as a police investigator who is skilled and careful should. Breach of duty of care directly caused damage to the plaintiffs," said the ruling.

According to the judgment, man was questioned as a suspect criminal - without having been warned that he was interrogated as a suspect. Because of this and due to other failings were exposed to the classified defense attorney's investigation.

The Court stated that: "There is no doubt that the defendants had to watch the damage caused to the plaintiff as a result of their actions. Comes to an unreasonable risk that a person in the condition of the plaintiff does not take himself, and that the state and its agencies are not allowed to take, since it involves the danger is clear the plaintiff and his family. Serious risk requires that one shall take reasonable precautions to prevent it. "
The suit was filed in 2004 and ended the civil proceedings lasted eight years Amiram Benyamini judge ruled in January 2012 that Bracha and the other defendants were negligent and that they are not telling the truth to the court.

The prosecutor demanded 70 million compensation for that, after his injury. He claimed that he and his wife suffer from mental and functional disability. Eventually a settlement agreement and "substantial sum" was granted to the plaintiff.

The whole procedure was conducted behind closed doors, so as not to expose police practices. But the Supreme Court partially accepted the request and ordered the Haaretz newspaper to publish parts of Benjamin's judgment. Decision of Justice Hanan Meltzer received the consent of the judges Neal Hendel and Noam Solberg.

Legal sources close to Rabbi Yeshayahu Pinto claim that the determination of the court could lead to the collapse of the case against him, which is based almost entirely on the testimony of Bracha.


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