JAG: Charges against Naalin commander won't be amended
Despite High Court's recommendation to consider aggravating indictment filed against Lieutenant-Colonel Omri Burberg, one of his subordinates, who were involved in firing at bound Palestinian detainee during anti-security fence demonstration, Brigadier-General Avi Mandelblit decides to charge them with sole count of conduct unbecoming an officer
The two were indicted for their involvement in an incident in which a soldier fired at a bound Palestinian detainee during an anti-security fence demonstration.
Mandelblit, who is currently abroad, considered aggravating the indictment in light of a High Court recommendation urging him to amend the original indictment filed against Burberg, which included a sole count of conduct unbecoming an officer. The JAG even consulted with the parties involved in the affair in a bid to examine such a possibility
Mandelblit and the chief military prosecutor, Colonel Liron Liebman, held a series of meetings on the matter, consulting with senior staff in his office.
Legal sources clarified at the time that the High Court's recommendation did not leave the Military Advocacy a choice, and that several new charges should be added to Burberg and Staff Sergeant L.'s indictments, which may result in a criminal record.
Internal meetings where held to discuss the possibility that Burberg would face charges of reckless endangerment, while Staff-Sergeant L. would be charged with illegal use of a firearm. Both counts carry a maximum penalty of three years in prison.
However, following additional consultations with former judges, sources in the State Prosecutor's Office, senior Israel Defense Forces officials and Attorney General Menachem Mazuz, Mandelblit decides not to change his original decision.
The High Court was expected to discuss the issue later Tuesday and decide whether to intervene in the Military Advocacy's decision in an unusual manner or leave it unchanged.
It should be noted that a more severe indictment may significantly affect Lieutenant-Colonel Burberg's future in the IDF and Staff-Sergeant L.'s integration in civil life after he is released from military service.
About a month ago, 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.
