The Tel Aviv District Court on Sunday sentenced Taibeh resident Dubian Nazirath, an Israeli citizen, to nine years in prison and an additional two years suspended for his part in the planning of a terror attack on the train in Netanya.
Nazirath was convicted in conspiring to aid an enemy during wartime. He was indicted together with two other Taibeh men, both also Israeli citizens. They were sentenced to 15 years and 7 years, respectively, after signing a plea agreement. Nazirath, who also initially signed a deal with the prosecution, recanted his confession and demanded to be heard in court.
According to the court's ruling, another defendant conspired with the violent Fatah offshoot Al Aqsa Martyrs Brigade to carry out a terror attack in the name of the group on the Israel Railways line. The plan called for the smuggling of three explosive devices from Nablus into Israel, placing the explosives on the tracks and detonating them remotely via cellphone.
Nazirath was asked to assist in the smuggling of the explosives, and he agreed on the condition that he could keep one of the explosive devices. It was not made clear during the trial why he wanted to keep the explosives.
The defendants planned that Nazirath would wait with a tractor for another defendant to smuggle the explosives across the checkpoint, and then transport them to Taibeh. The other defendant was arrested one day before the attack was scheduled to be carried out, and the plan was foiled.
Judges Shelly Timan, Thiya Shapira and Sarah Brosh wrote in their ruling that "the defendant, when he agreed to take part in the evil plan to carry out a multi-casualty terror attack within the state of Israel, while 'enjoying' an explosive device for his own personal use (for unclear reasons) 'placed himself among the enemies of Israel who seek to harm it and its citizens.'"
They ruled that Nazirath could not argue that he had not done anything to advance the conspiracy because his part in the plan was would only have come to fruition had the explosives been successfully smuggled, and the plan hadn't been foiled. "It was not the actions or desires of the defendant that prevented the attack. On the contrary. If it wasn't for the efficient and decisive actions of the security forces, and without any more actions on his part, the defendant's role would have crossed from potential to action and would have ended up with killing and destruction of innocent people."
The judges ruled that "the fact that the defendant is a citizen of Israel should be viewed with severity, as he joined Israel's enemies in order to carry out an act of terrorism without batting an eye." They added that Nazirath must be severely penalized considering his criminal record, which includes drug offenses, property crimes and violence.
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