Soldier gets 8 years for killing Brit

Former IDF soldier Sgt. Taysir Hayb was convicted of manslaughter Thursday and sentenced to eight years in prison for killing British photographer Tom Hurndall in the Gaza Strip two years ago.

Prosecutors asked that Hib serve more than 20 years in jail.

Hurndall was shot in the head during a demonstration in the southern Gaza city of Rafah in April 2003, and died in January 2004 after never having regained consciousness.

Heaviest sentence

One IDF prosecutor told Ynet, “This is the heaviest sentence to be handed down for something that happened during the intifada for manslaughter. Once I study the judgment and consider the judges considerations, I’ll consider whether or not to appeal.”

Col. Nir Aviram, who headed the panel of judges, wrote, “When he (Hayb) served on the Philadelphi Route during heavy fighting, he shot a single unwarranted shot. That shot hit an innocent person, who suffered for nine months because of that shot.

The judges said the accused, “lied about a string of events in order to avoid responsibility for his actions,” and said Hayb acted against IDF ethos.

Taysir’s family was also on hand for the hearing.

'Tom saved a small child'

“He feels bad about the decision, he did not expect to receive such a harsh sentence,” Hib’s uncle said.

“He is sitting in prison with terrorists, and it must be remembered he was stationed in a very difficult war zone. He did not kill someone in Tel Aviv. He feels betrayed.”

Hayb’s attorney, Ilan Bombach, voiced his satisfaction with the fact that the court did not accept the prosecution’s demand for a 20-year sentence.

“Taysir was an exceptional Beduin soldier who risked his life to protect the citizens of Israel,” he said. 

Hurndall’s mother, Jocelyn, said following the sentence: "Eight years is really very little if one takes international law into account."

She told the ITV News Channel the family was considering a civil claim.

"From the very beginning we have experienced a lack of willingness to get to the truth, which has been deeply shocking.

"Undoubtedly this sentence brings a level of closure from a legal point but from a personal point of view I am not sure I believe in the concept of closure. I am sure this will go on forever," Mrs. Hurndall said.

The court dismissed the defense’s claim that Hurndall perished nine months after the shooting as a result of medical treatment that was meant to ease his pain.

Following the incident, London-based peace activist Raphael Cohen told Ynet the activists were attempting to make it difficult for the IDF to fire at homes.

“Bullets were flying above the children’s’ heads and hitting the wall behind them, he said, and frightened children began to run, but some ran to the more dangerous direction. Tom saw it and ran toward them. He saved a small child and took him to a shelter and then returned to get two more girls” before being shot,” Cohen said.

Hurndall was taken to a Rafah hospital where his condition was defined as “clinical death.”

Hurndall died on January 13, 2004, after spending eight months at a London hospital. The IDF launched an investigation into the incident following intense international pressure initiated by Hurndall’s family.