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Court acquits Border Policeman who killed a Palestinian in 2005
By Nir Hasson, Haaretz Correspondent

The Jerusalem District Court Wednesday acquitted a border policeman of manslaughter for shooting a Palestinian man to death in 2005, saying the officer genuinely believed he was acting in self-defense.

The policeman, Shmuel Yehezkel, shot a 36-year-old Issawiya resident, Samir Ribhi Dari, in November 2005.

According to the indictment, Yehezkel took part in a Border Police operation in Issawiya, an East Jerusalem village.
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During the operation, Yehezkel and another policeman were instructed to watch a detainee named Tawfik Dari, who was suspected of attacking the policemen.

While they were watching the detainee, his uncle, Samir Ribhi Dari, approached the policemen in a van, driving it wildly as he attempted to free his nephew.

Yehezkel is said to have warned Dari before firing three shots at him. One of the bullets hit Dari in the back and killed him.

Village residents at the time claimed that Dari had not tried to run over an officer, and that he was murdered by the police.

According to an Issawiya resident, Dari, the father of three, owns a transportation company in the village, and a man suspected of breaking into the car in French Hill is his nephew.

The resident said Dari heard that his nephew had been arrested and wanted to reach the area to try to assist him.

Judge Noam Solberg accepted the claim made by Yehezkel's attorneys that Yehezkel misjudged the situation and indeed believed his life was in danger.

The judge stated that the van hit Yehezkel and knocked him down, and that Yehezkel probably believed Dari was aiming to kill him and his colleagues.

While the judge acknowledged that Samir did not attempt to run Yehezkel over, but rather only "drove wildly in order to free the detainee," he said the defendant could not have known the driver's intention.

In his verdict, the judge wrote that "the defendant made a terrible mistake. He killed the deceased in vain."

Solberg write that there is "at least a reasonable doubt" regarding the defendant's criminal accountability


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  1.   Is this how our justice works ? 23:06  |  Yossi Cohen 18/04/07
  2.   Nothing new 23:42  |  David James Vickery 18/04/07
  3.   Reminds me of something 00:12  |  Colin Wright 19/04/07
  4.   But the van HIT Yehezkel and knocked him down 00:24  |  Jake 19/04/07
  5.   Yes, this is how Israeli justice works 00:33  |  whodey 19/04/07
  6.   after all.. 00:36  |  Omar 19/04/07
  7.   Non-Jews can have no fair hearing or justice in Israel 00:38  |  Christian 19/04/07
  8.   #1: The killer is Jewish & his victim is Palestinian 00:57  |  Sam 19/04/07
  9.   "One of the bullets hit Dari in the BACK." 01:12  |  Maureen Ann 19/04/07
  10.   Please, dont be surprsed by... 02:25  |  Moe 19/04/07
  11.   Court acquits Border Policeman 02:34  |  Leonard Lippman 19/04/07
  12.   Silly Yossi, Jews Always Get Away With Murder in Israel 03:08  |  Fred Farkelsteinman 19/04/07
  13.   It doesnt surprise me anymore 04:28  |  Nick W 19/04/07
  14.   Nitwt commentwrs. Reverse the roles and hear yourselves reverse y 04:46  |  Mea 19/04/07
  15.   To all you Isreali bashers, a question 23:38  |  Adrian de Klerk 19/04/07
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