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Not Guilty

Scene of the attack (archives) Photo: Ilan Klein
Scene of the attack (archives) Photo: Ilan Klein
 
 

PA acquitted in terrorism case on lack of evidence

Eight years after fatal terror attack near Afula's central bus station, Nazareth District Court rejects case against PA filed by woman injured in incident. Judge rules evidence based on hearsay, refers case to State Prosecutor's Office

Sharon Roffe-Ofir
Published: 11.26.09, 14:34 / Israel News

A resident of Afula who was injured in a terrorist attack in the city eight years ago will not receive compensation from the Palestinian Authority. On Thursday, Nazareth District Court rejected Shula Gaon's claim that the PA, and its leader at the time, Yasser Arafat, is legally responsible for the attack. The case continued despite Arafat's death in November 2004.

 

The court ruled that Gaon did not bring enough evidence tying the defendant to the event. "Regrettably, there is not enough support for any of the claims Gaon made in her testimony," wrote Judge Avraham Avraham in his decision.

 

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In November 2001, two terrorists – a Palestinian police officer and an al-Aqsa Martyrs' Brigade member – infiltrated into Afula and opened fire near the city's central bus station. Two Israelis, Michal Mor and Noam Gozovsky, were killed in the attack, and 50 others were injured.

 

Gaon, one of those injured in the attack, filed a suit against those responsible for the attack. She claimed that the terrorists acted under the instruction of the PA, which encouraged murderous acts be carried out within Israeli territory.

 

According to the prosecution's statement of claim submitted to the court by Attorney Yehoshua Rubin, "the terror attack was carried out by representatives or emissaries or employees of the defendants in accordance with their explicit instructions or, alternatively, their authorization without raising a finger to prevent it, even though they had the possibility to do so."

 

The PA claimed throughout the case that it had no connection whatsoever to the attack.

 

Gaon, for her part, tried to back up her claims with documentation of the weaponry used to perpetrate the attack. However, the judge ruled that "all of her claims were based on hearsay from the media or from her stay in the hospital."

 

In reference to Gaon's assertion that she did not receive any help from the State in obtaining evidence, Judge Avraham wrote that Gaon must refer her grievances to the State. According to him, he is doubtful if the State has in its hands incisive evidence that would legally prove her claims.

 

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