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Last update - 13:39 15/01/2007
Court acquits murder suspects as police won't reveal witnesses
By Nir Hasson, Haaretz Correspondent

The Tel Aviv District Court on Monday acquitted five murder suspects after police refused to comply with the court's request to reveal the identity of the witnesses whose testimony was the key evidence in the trial.

The defendants are charged with the July 2005 murder of Khader Daka, who allegedly mediated in a dispute between the owners of Benny Hadayag, a Jaffa fish restaurant, and a Gaza fisherman. According to the charge sheet, the suspects are Jaffa-based hitmen hired by the restaurant owner to kill Daka. All of them save one are already serving jail sentences for prior convictions.

More than a month ago, the court partially accepted the defendants' attorneys request to reveal the identity of five key witnesses, kept confidential under a warrant signed by Public Security Minister Avi Dichter.

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The witnesses, some of whom were eyewitnesses, insisted on remaining anonymous for fear of their lives. Yet the judges ordered to reveal the identity of three of them, one of whom a police informant. The court also ordered police to expose investigation details that the prosecution sought to leave confidential.

In light of the anxiety expressed by witnesses and police informants following the ruling, the prosecution advised the court that it "cannot, at this point, continue with the proceedings in this case," and withdrew from the trial.

The prosecution said the court's ruling is unexpected and may seriously hamper police intelligence capabilities in Jaffa, as well as put at risk the lives of the witnesses and informant.

Prosecutors appealed against the acquittal to the Supreme Court of Justice, and will also request to extend the remand of a suspect who is not serving a jail term. The court has said it will allow a 72-hour extension of remand for this suspect.

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