TEL AVIV - A panel of three military judges acquitted a Palestinian of all security related crimes, after his identity was questioned during the course of his trial.
The suspect was freed of all charges due to reasonable doubt.
The army prosecutor has appealed the ruling and at present the suspect's release has been postponed.
Amin Awad el-Gahvad Kara was arrested in 2003 and charged in December of the same year with a series of crimes, including belonging to a terror organization, placing an bomb, premeditated murder, connection to shooting attacks and attempted murder.
Two different eyewitness accounts
According to the judges, a lack of more than one witness account, identification line-up and fingerprint check prevented the suspect from having a fair trial.
They said charges were only filed against the suspect after the prosecution's sole witness named Amin Awed el-Gahvad Kara as the accused, during the investigation.
However, when asked in court to describe the suspect in question, the witness relayed facts not compatible to his version given during the investigation.
In addition, the court requested a list of Gaza Strip residents with the same name as the accused and were given a list of seven people.
Release stalled despite verdict
Military judge, Captain (Res.) Shlomo Banjo, said during the court ruling that, “At this stage, due to the lack of conclusive evidence regarding the identity of the accused, it was expected that investigators would have carried out a live lineup or photograph identification to connect the accused to the person the witness was pointing to.”
According to the judges verdict, the lack of action to confirm the suspect's identity, together with a flawed investigation prevents the possibility of reaching a unanimous decision regarding the crimes attributed to the accused.
The suspect's release has been delayed by 72 hours in order for prosecution to appeal the ruling.
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