Hagit Mak-Kalmanovitch
Photo: Courts website
Criticized judge refuses to step down in ISIS case
Hagit Mak-Kalmanovitch, who approved the postponed imprisonment the Ammunition-Hill shooter, has rejected an application from a defendant accused of belonging to ISIS to recuse herself.
Jerusalem District Judge Hagit Mak-Kalmanovitch has been the object of threats and criticism recently for her decision to approve the delayed imprisonment of Masbah Abu Sabih, the terrorist who carried out a shooting attack on Jerusalem's Ammunition Hill earlier this month, killing two. On Tuesday, she rejected the application of a defendant accused of joining ISIS to recuse herself on the basis of the public criticism being likely to increase the severity of her position.
The judge addressed the media storm surrounding her in her decision. "Life experience has taught that public discussions via the media are generally short-lived. Things that were yesterday at the top of the world will become in a few days last year's snow," stated the judge, using a Hebrew idiom.
Hagit Mak-Kalmanovitch (Photo: Courts website)
She also noted that until the trial against the six defendants begin, the storm will continue.
Currently, a court case has been brought against six youths from Shuafat and Anata accused of joining ISIS and planning terrorist attacks. One of those defendants applied to have Mak-Kalmanovitch recuse herself.
The applicant read in part, "There's a real concern of bias following the unjustified criticism that has been voiced, and there's a concern that Your Honor's position will tend towards severity. As long as the fear exists that the court will be influenced, even subconsciously, by the media, to create a favorable impression of the court, especially when it comes to serious criminal offenses"
Mak-Kalmanovitch rejected the application and explained, "Yes, the presiding judge brings with him the baggage that has acquired throughout his life. There is no adult person who is a tabula rasa. Man is but a landscape of his homeland, what his ear and eye have absorbed, views and ideas on various subjects discussed in public, including subjects discussed in the court, are part of that same homeland landscape, but there is a huge gap between exposing the judge to ideas and viewpoints and a real fear of bias when he is sitting in judgment."
She continued that the public criticism "which counsel for the respondent has defined as unjustified…does not create a fear of bias and does not justify recusal."
The security surrounding the judge has been increased following the public criticism.
