Noam Federman. Back in court
Photo: Guy Assayag
Court overturns right-wing activist's acquittal
Jerusalem Magistrate's Court acquits Noam Federman of assault charges due to attorneys' strike, but capital's District Court overrules decision, claims no damage done to accused
Jerusalem District Court overturned the acquittal of extreme right-wing activist Noam Federman Thursday for charges of aggravated assault of a police officer
and hindering a police officer in the line of duty. The court reverted the case back to the Magistrate's Court, which originally acquitted him, for review.
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The Jerusalem Magistrate's Court ruled to acquit Federman of the charges after the prosecution failed to appear for the court hearing twice – once due to the prosecutor feeling unwell and a second time because of the attorneys' strike.
According to the court, the inability of the prosecutors to make an appearance is as if they had retracted the indictment.
The acquittal caused prosecutors to appeal to the District Court, claiming the Magistrate's Court made a mistake. The District Court judges accepted their claims and ruled the Magistrate's Court's decision does not reflect a proper balance of the situation at hand.
According to the District Court, Federman caused hearings to be delayed a number of times and added that by postponing the hearing no damage was caused to the accused. The court mentioned they also cannot ignore the importance of honoring the right to strike.
As for Federman's claims he especially suffered due to the extended duration of the judicial process, the court rejected them explaining the strike was brief and did not delay the process for long.
In 2010, the Jerusalem District Prosecutor's Office filed a civil suit with the city's district court against Federman, his wife Elisheva and other couple. The State is suing the two couples for NIS 152,650 (roughly $ 40,000) following expenses the State of Israel was forced to spend in order to evacuate the Federman farm which is situated in Kiryat Arba's special security area.
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