Lawyer: Charges against officer bid to veil superiors' culpability - Haaretz

Subscribe to Print Edition

Sat., August 11, 2007 Av 27, 5767

Israel Time: 14:59 (EST+7)

web haaretz.com

Back to Homepage

Print Edition

Diplomacy

Defense

Real Estate

Arts & Leisure

Jewish World

National

Sports

Advertising

Magazine

Week's End

Opinion

Business

Rosner's Domain

Anglo File

Travel

Q&A

del.icio.us

Digg It! new

Last update - 01:15 10/08/2007

Lawyer: Charges against officer bid to veil superiors' culpability

By Yuval Azoulay, Haaretz Correspondent

The defense team representing an Israel Defense Forces platoon commander who was indicted Thursday over the wrongful shooting of a Palestinian civilian, said that the indictment was an attempt to veil his superiors? responsibility in the incident.

The officer was indicted by a military tribunal for commandeering a Palestinian taxi, tying up its driver at gunpoint, and shooting a Palestinian man in the West Bank village of Dahariya two weeks ago.

The officer, First Lieutenant G., and five soldiers in the Lavi Battalion allegedly abandoned the man wounded by IDF gunfire, and left Dahariya without reporting the incident to their superiors.

	Advertisement

G. was charged with false imprisonment, causing injury under aggravated circumstances, improper behavior, and unauthorized use of a vehicle. He is being held in custody until the end of proceedings against him.

The military prosecution said the platoon commander was supposed to plan a foot patrol on the outskirts of Dahariya, in the southern Hebron Hills, but instead told the soldiers to wear civilian clothing and commandeer a vehicle, but not tell anybody about it.

The prosecution said the commander was solely responsible for the plan, which was not authorized by anyone, and that there was no operational justification for tying up the driver or commandeering his taxi. In addition, it said the soldiers were not trained for undercover activities.

After the incident was reported by Palestinians, GOC Central Command Gadi Shamni conducted a rapid probe and ordered the entire company barred from taking part in operations. G. and the five soldiers under his command were arrested, though they were all subsequently released, including the soldier who shot the Palestinian man, Adham Samamra. Four of the soldiers are due to testify against their commander.

The shooting took place after the platoon commander ordered the soldier sitting next to him to chase the man away from the area. Samamra was then abandoned while he bled from wounds to his left lung, according to the indictment. Samamra was also hit by fragments, and suffered broken ribs.

The platoon commander is also accused of turning off the system that monitors the soldiers' location in the IDF operations room, and for failing to report the incident when he was asked about reports of gunfire.

G.'s lawyers said the indictment was an attempt to place the sole responsibility for the incident on their client while ignoring the norms and shortcomings that formed the foundation for the plan, while refraining from holding more senior military officials responsible.

?Evidence will be presented during the trial, but already at this stage it can be said that the methods used in the carrying out of the operation were not invented by the officer, but were devised by more senior personnel,? said one of G.?s attorneys.

"It appears that a chain of misunderstandings and communication problems caused the platoon commander to be convinced that informal approval was given to carry out the activity as an undercover operation," he added.

Shlomo Zipori, another lawyer, said that several days before the incident, the platoon commander reached an agreement with the company commander that the operation would be undercover. Zipori said the decision was based on previous operations in which troops were brought to the scene by helicopter, as happened in this case, because the drop-off exposed the forces and led armed militants to lie in wait.

Zipori also said that Samamra was shot after approaching the troops, despite their warnings not to do so.

"The soldier sitting next to the officer noticed a Palestinian trying to remove something from his pocket," said Zipori. "This is a very good officer. He doesn't understand what they want from him. He says his soldiers didn't do anything wrong, and that he will insist they aren't tried. He doesn't understand how such charges are being made against him. He says he wanted to carry out a proper operational activity and that's all.?

Bookmark to del.icio.us


	Food for thought
	The Torah shows J'lem's role in taxes that were meant to stabilize Israelite society.


	Shades of gray
	'The Palestinian reality is perfect for mystery fiction,' says author Beynon Rees.




1.	Case Gets Stranger with Each Report	01:59	\|	Mark of Lewiston	10/08/07

2.	AMINUT and RESPONSIBILITY	03:34	\|	mordchai pelta	10/08/07

3.	Israel is the best soap opera on the internet	04:34	\|	Wendy	10/08/07

4.	IDF and the media.......	06:48	\|	Esther	10/08/07

5.	Esther	08:55	\|	Margie in Tel Aviv	10/08/07

6.	#1ITS SIMPLE MARK ITS A FOUL UP	09:17	\|	paul harris	10/08/07

7.	For Margie in TA #5	12:30	\|	Esther	10/08/07

8.	Esther	13:43	\|	Margie in Tel Aviv	10/08/07

9.	Sounds like the US	13:55	\|	W	10/08/07

10.	The ever stranger tale	14:14	\|	Mark Lincoln	10/08/07

11.	Rules of Engagement?	17:05	\|	Johnson	10/08/07

12.	W - Still Working Up the Food Chain	18:27	\|	Mark of Lewiston	10/08/07

13.	Johnson	19:40	\|	Mark of Lewiston	10/08/07

14.	#11 Rules of Engagement perplex Johnson	05:57	\|	Johnboy	11/08/07

15.	14 Johnboy - Don`t Confuse ROE with Law	09:09	\|	Mark of Lewiston	11/08/07

16.	#15 I don`t confuse the two, Mark	14:35	\|	Johnboy	11/08/07

Today Online


	Ten wounded in shooting attack in Old City of Jerusalem
	Responses: 311


	Beilin: We must reach deal with Hamas prior to Mideast summit
	Responses: 246


	Jews, Catholics bid farewell to Jewish-born French cardinal
	Responses: 177


	Yoel Marcus: Mideast summit is Bush's last chance to defeat terror
	Responses: 109


	Benny Ziffer: Hebron evacuation was not a battle of good vs. evil
	Responses: 72


	Rosner: Orthodox Union should object to Jews' insubordination
	Responses: 20

Rosner's Domain

* The Orthodox Union should raise its voice against Orthodox disobedience

* WTR: A Reform blessing for people changing their gender

* Hoyer wants to hear Israeli point of view on Iraq

* Guest: What Jewish American voters want

More Headlines
14:16 Erekat: PM to release list of 'major' West Bank checkpoints slated for removal


14:37 At least 10 wounded in Gaza as top Fatah officials arrested


13:23 Israeli Web site causes N.Y. to up counterterrorism precautions


07:19 Ten wounded in shooting attack in Old City of Jerusalem


03:12 Egypt warns it won't take back refugees who cross into Israel


06:58 Security Council unanimously okays expansion of UN role in Iraq


14:22 Jews, Catholics bid farewell to Jewish-born French cardinal


05:18 Arabic-themed NYC school principal quits over criticism of 'intifada' T-shirts


14:23 Qassam rocket hits Sderot, sparks brushfire; no casualties


14:22 Tel Aviv court extends remand of developer Heftsiba`s CFO