IDF may amend indictment against Naalin commander
Military Judge Advocate General considers filing new charges against regiment commander involved in June shooting of bound Palestinian detainee in Naalin. New charges to carry criminal liability
The Military Judge Advocate General, Brigadier-General Avi Mandelblit, is considering amending the charges brought against Lieutenant-Colonel Omri Burberg, Ynet has learned Friday.
Burberg, a former Naalin regiment commander, was indicted along with one of his subordinates, Staff-Sergeant L., for their involvement in an incident in which a soldier fired at a bound Palestinian detainee, during an anti-security fence demonstration.
The decision reportedly followed a High Court of Justice ruling urging Mandelblit to amend the original indictment filed against Burberg, which included a sole count of conduct unbecoming an officer.
Mandelblit is reportedly considering adding several new charges, which may result in a criminal record. Burberg may now face charges of reckless endangerment, while Staff-Sergeant L. may face charges of illegal use of a firearm. Both counts carry a maximum penalty of three years in prison.
Brig.-Gen. Mandelblit noted in his brief to the High Court, that the Military Prosecution formulated the original indictment after careful consideration, adding that the reasoning behind the so-called soft indictment was the fact the incident stemmed from a misunderstanding.
Mandelblit and the Chief military prosecutor Colonel Liron Liebman have held a series of meetings on the matter, consulting with senior JAG staff. The two can now choose one of two courses of action: They can inform the court the original indictment stands or they can amend the indictment to include graver counts.
Should Mandelblit choose the first option, he risks having the High Court overrule his decision and order him to amend the indictment.
