Subscribe to Print Edition | Fri., February 09, 2007 Shvat 21, 5767 | | Israel Time: 11:12 (EST+7)
Haaretz israel news English
Search site 
  Back to Homepage
Print Edition
Diplomacy
Defense Opinion National Arts & Leisure Anglo File Sports Travel  
Magazine Week's End
Q&A
Business Underground Jewish World Real Estate Advertising  
Bookmark to del.icio.us
Avigdor Klagsbald attending his appeal hearing at Tel Aviv District Court on Thursday. (Motti Kimche)
Last update - 18:13 08/02/2007
Court reduces Klagsbald's jail term for causing fatal crash
By Nir Hasson, Haaretz Correspondent

Tel Aviv District Court on Thursday reduced by two months the jail sentence of attorney Avigdor Klagsbald, who was convicted of causing death by negligence in a fatal car accident last year.

Klagsbald's prison sentence was reduced from 15 to 13 months.

Yevgenia Wexler, 23, and her 6-year-old son Arthur were killed on April 11, when their vehicle was hit by Klagsbald as he was driving his Volkswagen Touareg into Tel Aviv at high speed. About 50 meters before an intersection, his SUV side-swiped several cars waiting at the traffic lights.

Advertisement

According to the prosecution, Klagsbald's negligence lasted for 14 crucial seconds, during which he could have prevented the accident.

Klagsbald is regarded as one of Israel's expert defense lawyers in white-collar cases, and was the personal attorney of former prime minister Ariel Sharon.

The decision to reduce Klagsbald's sentence was reached by the three District Court judges who reviewed his appeal.

Judge Ze'ev Hammer, who led the review, and Judge Yehudit Shitzer both agreed to reduce the sentence by two months. Judge Yehudit Shevach thought the sentence should have been reduced to ten months, but was outvoted.

The charge of severe negligence formulated during the original trial in Traffic Court, was not reduced however.

Hammer, who drafted the majority ruling in the appeal, explained that Klagsbald had been driving at a very high speed toward other vehicles that had stopped at a traffic light. The lawyer had not modified his speed in accordance with the situation, the judge said.

He said that despite the claims of Klagsbald's defense team, the negligence had stretched out for many seconds before the collision. The judge also rejected the defense claim that Klagsbald had suffered from "temporary loss of orientation" that had caused the accident.

"There are alternative scenarios (which I won't presume to determine) such as not keeping one's eyes on the road for an extended period of time, or concentrating on something inside the vehicle such as a telephone, radio, papers, or anything else," Hammer wrote.

However, the judge decided to take into consideration the fact that Klagsbald had confessed to the crime and voluntarily began serving his jail sentence even before the appeal.

"Confessing is the first step toward proving that you are prepared to take responsibility for your actions," Hammer wrote.

"The appellant did not try to delay his punishment, and relinquished his right to demand a postponement of his sentence. He confessed and contributed to the speedy and efficient trial process. The court must encourage this kind of behavior, and at the end of the day, this must also be manifested in the penal result."

Minority opinion: Negligence not criminal

Judge Yehudit Shevach maintained that Klagsbald's negligence leading up to the accident was not criminal, as the prosecution had claimed, but "negligence in a moderate degree."

Shevach wrote that Klagsbald "did not commit an outstanding traffic violation; the appellant drove at a speed within the limit; the appellant was not driving under the influence of alcohol; the appellant was not speaking on the phone during the accident. The incident occurred due to a loss of control resulting from an unknown cause for a period of time that encompasses mere seconds."

The judge also mentioned the media coverage of the incident, which harshly criticized Klagsbald. "I won't presume to determine whether the media intended to influence the outcome of the trial, and no one can know whether the trial's outcome was in fact tainted by the media," Shevach said.

In addition to the incarceration, Klagsbald was sentenced to a 15-month suspended sentence, his driving license was revoked for ten years, and he was ordered to pay a fine of NIS 10,000. These elements of his punishment remain unchanged.

Bookmark to del.icio.us
Gate of the Jews
In 1967, Israel and the Waqf placed the keys of Mugrabi Gate in Jewish hands.
iPhone, schmiPhone
Hidden in the iPhone hype was the company's name change from Apple Computer to Apple.
  1.   Klagsbald`s sentence reduced 18:48  |  Mike 08/02/07
  2.   SOMETHING`S ROTTEN IN.............................. 19:31  |  Robert 08/02/07
  3.   Proportionate sentencing 20:28  |  NP 08/02/07
  4.   justice system same as Canada, US, EU 20:33  |  Ryan 08/02/07
  5.   Favors! 21:04  |  El_Justiciero 08/02/07
  6.   Reduced sentence 21:19  |  Dr. David 08/02/07
  7.   #1 Grab reality - hold on tight 21:23  |  Kate 08/02/07
  8.   Criminal negligence 23:04  |  Charlie 08/02/07
  9.   better start building new prisons 09:02  |  David 09/02/07
  10.   Homicide -- 13 months; Kissing -- 3 years 10:35  |  Jake 09/02/07
 Today Online
Bradley Burston: The Al-Aqsa Mosque is good for the Jews
Send response
Yoel Marcus: Temple Mount construction is worse than a crime
Responses: 7
Amira Hass: Israel plays role in sparking anti-Fatah bitterness
Responses: 5
Abbas and Meshal reach unity deal in Mecca meet
Responses: 23
Zvi Bar'el: Unity deal is minimum required to remove the siege
Responses: 39
Yossi Sarid: It's no secret that Israeli intelligence has failed
Send response
Rosner's Domain
* What can one do with so many new Jews?
* New Guest: On the Crisis of America's Israel Lobby
* FAQ on the state of affairs in the Middle East
* Bush, a divider of the Jews


More Headlines
09:36 State Dept.: New PA gov't must meet int'l demands
10:32 ANALYSIS: New PA government creates a real problem for Israel
10:26 Police raise alert in J'lem ahead of Fri. prayers at Temple Mount
07:23 Katsav weighs suing policemen, prosecutors over leaks in case
08:28 Aquifer that provides 20% of water could become unusable
07:35 Family of murdered Katzrin teen demands evidence in case
07:31 UNIFIL confirms Israel's version: IDF troops didn't enter Lebanon
07:31 French Jew killed by gang set to be reinterred in J'lem on Fri.
07:30 Beinisch foe named as director of Justice Ministry
07:27 Hezbollah demands return of arms seized by Lebanese authorities
Previous Editions
Special Offers
Advertisement
Skin Care Products
Shop high-class skin care cosmetics with Dead Sea minerals. Coupon code "haaretz" for 10% off.
A Different Israel Experience
Unique programs for adults of all ages
JOIN FREE AT JDATE.COM
The most popular online Jewish dating community in the world! Explore the possibilities! Click Here!
CAMP KIMAMA ISRAEL
Israel's international summer camps!
Learn Hebrew Online
Learn Hebrew from the best teachers in Israel live over the Internet
Home| Print Edition| Diplomacy| Opinion| Arts & Leisure| Sports| Jewish World| Underground| Site rules|
© Copyright  Haaretz. All rights reserved