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Supreme Court: Decision not to convict yeshiva student is incomprehensible
By Tomer Zarchin

"I read the verdict and read it again, and couldn't comprehend how someone like that wasn't convicted. It's inconceivable," Supreme Court Justice Edmond Levy said in reference to the decision by Jerusalem District Court Judge Moshe Drori last September not to convict a yeshiva student who deliberately hit Noga Zoraish, a woman of Ethiopian origin, with his car. Yesterday the Supreme Court heard the state's appeal of the acquittal.

"The incident was very serious," Levy said yesterday, "and the principle is that a man whose guilt has been proved should be convicted."
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Zoraish, a supermarket checkout clerk, lay down on the hood of the defendant's car (a court gag order forbids publication of his name) when he tried to leave the parking lot without paying the fee. He continued to drive, and Zoraish was thrown off his car. She sustained minor injuries.

Among Drori's explanations for his failure to convict was his desire not to hurt the defendant's chances for being appointed a rabbinical court judge.

Yesterday Haaretz published an interview with Drori, who insisted he was "at peace" with his decision.

"I have not even the smallest doubt" about the ruling, Drori said, even describing it as "one of the most important rulings ever issued," and one that should stand as a precedent in future cases.

Justice Levy said yesterday that the defendant should not receive preferential treatment over other defendants who did not aspire to a rabbinical court appointment.

State's attorney Michael Karshan said it was difficult to accept the nonconviction of a person who hit someone with his car and left the scene. He said the defendant did not take responsibility for his actions and lied initially about the circumstances even when he was shown videotape from the parking lot's security camera.

At the end of the deliberation, Zoraish asked to address the court. "He asked for my forgiveness in the district court, and I genuinely forgave him. What hurts me most is that he didn't ask me genuinely."

Zoraish became visibly upset, and Levy reassured her: "You did nothing wrong, you don't need to apologize. We want you to share your feelings with the court."

She continued: "I was hurt, and he hurt me. He threw me off his car, I've suffered from it for two and a half years. Despite it all I forgave him, and know I understand I didn't have to. He continues to say all sorts of things about me."

Outside the courtroom, the defendant said, "I sinned, I transgressed, I acted wickedly. I asked forgiveness, I'm willing to convince her that my forgiveness is from the bottom of my heart."

Among the character reference letters submitted to the court during the original trial was one from Shas party chairman Eli Yishai, who is now interior minister. Yishai requested that the court refrain from conviction in order not to damage the defendant's personal and professional future.

The defendant's father is the chief rabbi of a major Israeli city.

During yesterday's Supreme Court session, defense attorney Boaz Kenig told the court that various courts have refrained from convicting defendants charged with much more serious crimes that were carefully planned in advance, whereas his client's behavior was spontaneous and he did not intentionally injure the complainant.
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