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Last update - 00:00 07/01/2007

Prosecution won't reveal sources in murder case, suspects to be freed

By Nir Hasson, Haaretz Correspondent

Despite a court order, the prosecution in the Khader Daka murder case refused to reveal the identities of the witnesses and the police source that testified against the suspects in the 2005 murder. As a result, the murder suspects are expected to be acquitted and released.

According to the police, Izzat Hamad, the head of the largest crime group in Jaffa, and other members of his organization were involved in the murder of Jaffa resident Khader Daka in July 2005. Daka was trying to mediate between a Jaffa restaurant owner and a fish merchant from the Gaza Strip. Daka represented the restaurant owner, Benny Raba, while Hamad's people represented the Gaza merchant. Police suspect that Hamad and his men murdered Daka during the arbitration.

In an unusual move, the prosecution announced to the Tel Aviv District Court that they would "not be able to, for the time being, to continue with the proceedings in the case." The prosecution made the announcement following the court's decision to uncover the identities of the witnesses in the case and revoke their immunity. The prosecution declared that unless the court reversed the decision, they would walk away from case, bringing about the acquittal and release of the murder suspects.

However, the prosecution has the authority to request the delay of the suspects' release in order to submit an appeal to the Supreme Court seeking to reverse the decision of the district court.

About a month ago, three Tel Aviv District Court judges decided to partially accept the defense's request to revoke the immunity granted to the prosecution witnesses in the case. The judges agreed to revoke the immunity of three of the five anonymous witnesses, one of which is a police informant.

All the prosecution's witnesses in the case, some of which are eyewitnesses, demanded their identity be concealed because they feared for their lives.

The court also instructed the prosecution to reveal intelligence they had acquired and sought to keep secret. The prosecution was shocked by the court's decision, and maintained that it could severely harm the future collection of information from Jaffa, as well as put the lives of the witnesses in grave danger.

According to a source within the prosecution, the witnesses are already uneasy about what their future in Jaffa holds for them at the hands of crime organizations.

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