The Jerusalem Magistrates' Court on Sunday decided not to convict Amitai Amir, brother of former prime minister Yitzhak Rabin's assassin Yigal Amir,
for insulting a public servant.
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The presiding judge said the court's ruling took into consideration the defendant's "lifestyle and the crisis his family is going through following the incarceration of his brother and the affect that it had on his adolescence."
According to Judge Ilta Ziskind's verdict, in May 2006 Amitai Amir approached Judea Regional Brigade Commander Colonel Moti Baruch and gave him the Nazi salute while uttering "Heil Hitler" and "Nazi".
Seven months ago Amitai was indicted for insulting a public servant, but a report submitted to the judge by the Probation Service recommended not convicting him. The report determined that Amir was capable of functioning in society in a normative manner and also mentioned that he had expressed remorse.
In light of the report the prosecution and Amir's attorney, Air Shamai, agreed that the defendant would perform 100 hours community service and pay Colonel Baruch NIS 500 ($145) as compensation.
Prior to the ruling Amir asked for the court's forgiveness, saying "It was a one-time slip brought on by an outburst of emotions."
Attorney Shamai said following the ruling "I'm pleased that the court and prosecution accepted the Probation Service's report recommending not to convict Amir so as not to ruin his life.
"The ruling is very reasonable; I don’t know of anyone the same age as Amitai who was convicted for insulting a public official," he said.
Knesset Member Ran Cohen (Meretz) criticized the court for failing to convict Amitai Amir after he confessed to giving the Nazi salute.
"The court's decision - made with the State's consent - in the matter of Amitai Amir is an unprecedented outrage," said an irate Cohen.
"The judge's reasoning that the Amir family has suffered tragedy is ludicrous and grave. She has confused the order of things; it is the State that has suffered tragedy, not this extremist and delusional family."
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