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Soldier rebuked for taking lighter from Ramallah house
IDF fighter says he seized pistol-shaped device for fear troops would mistake it for weapon, hurt man carrying it
A fighter in the Combat Engineering Corps charged with plunder after taking a pistol-shaped lighter from a house in the West Bank city of Ramallah has been reprimanded and won't be sent to jail.
For months, members of the Military Defense Counsel have been working to prove that the indictment filed against Corporal A. was the result of a erroneous and unfair decision.
The military court was convinced that the soldier believed the lighter might accidentally cause his fellow troops to accidentally hurt innocent people due to its resemblance to a real gun.
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The soldier was charged with the offense of plunder, which carries a maximum penalty of 10 years of imprisonment, as well as a criminal record for life.
The Judge Advocate General claimed that the incident, in which the soldier seized a lighter from a Ramallah house during a military operation, requires a severe indictment.
Corporal A. said in his own defense that he did not plan to use the lighter, but rather feared that other soldiers would mistake it for a real weapon and shoot at the person carrying it.
His lawyers, Major Avi Halabi and Captain Ghani Amar, appealed to the deputy judge advocate general and demanded that the indictment be dismissed. The sides eventually reached a compromise stating that Corporal A. would be charged with a trivial offense which does not carry a criminal record – shameful behavior.
The JAG did not give up and demanded that the fighter be sent to jail "due to the severity of the offense and the moral turpitude it carries in terms of the army's image.
Attorney Amar rejected this demand, noting that his client confiscated the object because he believed it resembled a weapon. He added that the regiment commander had testified that the unit has a procedure of confiscating such equipment.
According to the lawyer, Corporal A. was wrong to not ask his commanders what to do in real time, but that that was his only sin. Regiment commanders noted that by confiscating the object, the soldier had prevented unnecessary danger to his fellow troops and to the local population.
'Fighter made an innocent mistake'
The judge panel headed by the Northern Command's Court Martial, Colonel Erez Porat, noted in its ruling that it was impressed by A.'s sincerity and innocence while confiscating the lighter.The judges noted that the incident was not aimed at making a personal profit and was simply an erroneous decision by the fighter "who made an innocent mistake, and this has nothing to do with a desire to become rich at someone else's expense."
The court said it got the impression that "this is a deeply rooted, ethical fighter valued by his commanders." They also mentioned his honesty when asked about the issue, and the fact that he did not try to hide anything. They decided unanimously that he should only be reprimanded.
"I'm glad the court understood the real essence of this case," Attorney Amar said following the discussion.
"I believe the punishment definitely reflected the real severity in A.'s actions, particularly the fact that the case did not result in a criminal conviction. The soldier is guilty of nothing but bad judgment, and is interested in continuing to contribute as a fighter."
