Retrial for man who lauded Rabin murder

Following a Supreme Court ammendment to the clause by which Axelrod was charged, Barak ruled that "the social-moral basis for convicting him was no longer present."

One day after the left-wing rally in Tel Aviv where Rabin was murdered, Axelrod was interviewed for a radio station and said, referring to Rabin's killing, "As his friend Arafat said, 'every dog has its day.'"

When asked whether he was sorry a Jew was murdered, Axelrod answered, "It wasn't a Jew who was murdered - a traitor was eliminated. The elimination of an enemy is a positive thing."

Axelrod was tried for his crime in accordance with an anti-terrorism decree, but the court acquitted him

The state appealed the decision in the district court and he was convicted. His request to petition the Supreme Court was denied and Axelrod paid the fine.

However, the Supreme Court determined six months later in the separate case that a clause in the anti-terrorism decree by which Axelrod was convicted is limited only to the praise and encouragement of violent acts of terror organizations. According to the new interpretation, those who encourage violent acts not affiliated to terror groups cannot be tried by using the decree.

Following this outcome, Axelrod claimed he had the right to a retrial and in July 2001 filed an appeal, which was subsequently denied by the attorney-general. Axelrod then appealed to the president for a pardon and was turned down.

"Axelrod's previous conviction for his intentions arouses a complex feeling of randomness. However, his request for an appeal was heard a number of months ago, it was answered and the court would have acquitted him…this begets an imbalance and feeling of discrimination," Barak wrote in the latest decision.

"This is the basis for concern for a distortion of justice," he said.  Barak's decision could benefit other convicted criminals by allowing them retrials as well.