State forced to drops charges in Ein Gedi rape case
Case takes a hit as prosecution announces it must drop charges against two of the three defendants due to discrepancies in complainant’s affidavit. Proceedings against third defendant continue
The Southern District Prosecution decided Monday to drop the rape charges brought against Ron Roditi and Ben Ever, who were indicted for the rape of a Danish tourist at Ein Gedi in April, citing discrepancies in the complainant’s testimony.
The proceedings against the third defendant, Dan Lahav – who was charged with the rape of a second tourist – are said to continue.
In mid April 2008, L. and M., two tourists from Denmark who were staying in Kibbutz Ein Gedi, filed rape charges against three kibbutz residents. L. filed charges against Roditi and Ever, and M. filed charges against Lahav. The three denied the allegations.
Since both L. and M. were scheduled to leave Israel and return to Denmark, the court granted the State Prosecutor's Office' motion for a pre-trial deposition, and the two were deposed before the investigation was complete and prior to any decision on an indictment.
M's deposition provided the court with a full recount of the events. L., on the other hand, told the court that even though she was present for the police reenactment and later confronted the suspects, she had no real recollection of the events and could only remember what she told the police.
After careful consideration of both the testimonies and the evidence in the case, the Southern District Prosecution decided it would not be able to substantiate L's testimony beyond reasonable doubt, as required by the criminal code.
Attorney Giora Zilberstein, who represents one of the defendants, welcomed the decision: "I'm very happy justice prevailed and that the State saw its way to making the right decision," he told Ynet. "These boys should not be punished for something they didn't do."
