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Last update - 08:23 25/02/2008 Should Omri Sharon be in jail? By Ze'ev Segal Tags: corruption, Omri Sharon  Two days from now, Omri Sharon is supposed to enter prison. He was tried and convicted of serious violations of the Party Funding Law during a primary for choosing the Likud's prime ministerial candidate, as well as accompanying violations of falsifying corporate documents and perjury. Although Sharon is the first to be convicted of violating the Party Funding Law in this context, it is clear that every campaign to root out government corruption has to begin with a small step. The court was right when it described Sharon's deeds as tainted by "political corruption" and as "distorting the wishes of the voter." So far, the Israeli justice system has proven its vitality against the person once dubbed "the CEO of the country," the son of a widely admired prime minister who is on his deathbed. However, as opposed to the arraignment and conviction, the sentence seems to border on judicial abuse of Omri Sharon, even if that was not the judges' intention. Advertisement The magistrate's court imposed a sentence of nine months' imprisonment on Sharon, and thus sent a clear message: that in its opinion, a punishment of six months' imprisonment - which by law would have allowed the jail time to be commuted to community service - was insufficient. In contrast, the Tel Aviv District Court made its decision with exacting precision. This court accepted Sharon's appeal, agreeing that the punishment imposed on him was too severe, and reduced the term of imprisonment by two months, to seven months. The Supreme Court then refused to intervene in the matter, primarily out of a wish to respect the district court's judgment. But a seven-month punishment makes it impossible to commute jail time to community service. The 30 additional days send a judicial message that actual imprisonment is necessary. Yet they raise questions about the judicial judgment that weighed the proper punishment so precisely. These questions are reinforced by the opinion of the minority judge, Zecharia Caspi, who is generally known for being stringent. Caspi thought it was sufficient to impose six months' imprisonment, which would be commuted to community service, and to refrain from actual jail time. The judge enumerated very convincing reasons for his viewpoint: Sharon's willingness to waive his parliamentary immunity; the fact that he has retired from public life; his admission of the crimes, which prevented the need to conduct a trial that would have gone on for years; and the fact that he is the first person to stand trial for violating the Party Funding Law. Such a minority opinion is well-known as a "classic" basis for exercising the power to pardon held by the president of the state. The power of the president, who customarily consults with the justice minister, is anchored in the Basic Law on the State President. It includes the power to "mitigate punishments by reducing or converting them." There is nothing in the law that demands that the person who was punished personally ask the president to reduce his punishment; this can also be done by those close to him. Sharon, as has been publicized, refuses to ask the president to mitigate his punishment. Some people believe that the president cannot exercise his power without a personal request from the convicted person, but that is not the case. The president is authorized to commute sentences even without a personal request, though that is not common. A person must confess to having committed the crime in order to obtain a pardon, as the High Court of Justice ruled in the affair of Bus No. 300. But the necessary confession was provided by Sharon in the courtroom. It can be reasonably assumed that President Shimon Peres will not insist that Sharon submit a personal request if the former Knesset member continues to refuse to do so. And the person who commuted the sentence of former MK Naomi Blumenthal, who was convicted of election bribery and obstructing justice, in order to enable her to do community service rather than serving a prison sentence will presumably be receptive to a request to do the same in Sharon's case, despite certain differences in the circumstances. In any case, the president's agreement to discuss a pardon request would clearly lead the court to postpone Sharon's imprisonment until Peres decides, assuming that it is asked to do so. Commuting a sentence of actual imprisonment to one of community service would not detract from the main point - the public message conveyed by the very fact that Sharon was convicted of serious crimes of political corruption. Bookmark to del.icio.us   Kosher Idol A new Haredi reality show called 'The Upcoming Voice' makes 'American Idol' kosher. Chief Rabbi's savior New look at Nazi-era papers names mysterious rescuer of future Chief Rabbi.   1.   Why Shouldn`t He Be In Jail 18:37  |  Eva 25/02/08   2.   The Left Shows its True Colors on "Rule of Law" 18:47  |  Ovadiah ben Avraham 25/02/08   3.   JAIL 20:48  |  RW 25/02/08   4.   Throw the book at him 21:49  |  RedStarYeast 25/02/08   5.   No jail 22:55  |  Aspirin 25/02/08   6.   Give it up! 21:23  |  NotAmused 26/02/08   7.   Should Omri Sharon be in jail 00:04  |  Isaac Waterman 27/02/08   8.   Together with Katsav! 00:48  |  Tsippy Waterman 27/02/08   9.   Corruption taints Israel 02:08  |  Nathaniel 27/02/08   10.   One word...YES! 08:52  |  MIRIAM 27/02/08   11.   Omri Sharon 11:46  |  Yoel 27/02/08   12.   No one is above the law - neither Sharon nor Katsav 13:03  |  Bruno 27/02/08   13.   JUST BECAUSE YOU ARE RELATED TO A HIGH PROFILE RELATIVE DOES NOT 03:34  |  glenna 27/06/08

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