Court dismisses 'confirm kill' case
IDF soldier was accused of firing round of bullets into body of Palestinian girl
TEL AVIV - A leading prosecution witness in the court-martial of an Israel Defense Forces captain charged with firing a round of bullets into the body of a 13-year-old Palestinian girl to "confirm the kill" confessed to perjury Sunday.
In wake of the new evidence, the Southern Command military court dismissd the charges against the defendant and returned his rifle, which had been confiscated following his arrest.
"I long to return to my brigade and my command," the company commander, known only as "Captain R," said following Sunday's decision. "I'm happy that justice has finally begun to come to light, and the things you saw today speak for themselves."
The Palestinian girl, Iman al-Hams, was killed last October when she approached a military outpost in the southern Gaza Strip town of Rafah.
The company commander - known only as "Captain R" - was suspected of firing a burst of automatic fire at the girl after she was already lying on the ground, apparently dead.
Palestinian hospital officials said she was shot 15 times.
The IDF soldier who had testified in a military court earlier in the proceedings confessed under cross-examination Sunday to lying:
Defense attorney: "You lied to the military court and also in the investigations when you testified that you saw R fire a round of bullets in your binoculars. Correct or not?"
Witness: "Not intentionally."
Defense attorney: "Correct or not?"
Witness: "Not maliciously."
Defense attorney: "I asked if it's correct that you lied and that that you didn't see the firing of the round of bullets through your binoculars."
Witness: "I didn't exactly lie."
Defense attorney: "Did you tell the truth or not the truth?"
Witness: "I didn't tell the truth."
Defense attorney: "Why did you lie? Why did you not tell the truth? Did someone ask you to lie?"
Witness: "No one."
Defense attorney: "At the time you said you were the most veteran member of the company and you wanted to take responsibility."
Witness: "No. The chain of events confused me. I was sure that I saw the gunfire through the binoculars."
Judge: "Now you know that you didn't see it?"
Witness: "I didn't see the firing of the round itself through the binoculars."
Defense attorney: "Because you were in the southern sector, heard two shots, ran quickly and didn't manage to take the binoculars?"
Witness: "Correct."
Defense: "You didn't even see the two bullets?"
Witness: "Correct. I didn’t see the two bullets, and I also didn’t see the round of gunfire."
The sodier's testimony was crucial to the prosecution's case because Captain R’s indictment was based in part on his testimony, and primarily on the firing of the round into the girl's body.
The soldier's admission to giving falst testimony on Sunday comes after two other prosecution witnesses gave versions of events that raised questions about their original testimony.
The soldier also told the court Sunday: "Most of the soldiers in the company don’t care about the 12-year-old girl who was killed, and many of them did it to get rid of the company commander."
When the defense attorney asked "Did what?" the soldier answered, "Lied during the investigation."
