The Haifa District Court this morning (Thursday) convicted Habib Abu Habib, who participated in the brutal lynching of Mordechai Katz in Acre, during Operation "Guardian of the Walls" - and threw stones at him from point blank range, of a terrorist act of sabotage with aggravated intent only and not of the crime of attempted murder.
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Habib was also convicted of attempted aggravated assault with racial motives and rioting.
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The court acquitted Abu Habib of the terrorist offense of attempted murder, after the court determined that there was reasonable doubt about the existence of the mental element necessary for a conviction of attempted murder. At the same time, it was proven beyond all reasonable doubt that the defendant's actions establish the offense of aggravated sabotage.
Regarding the issue of the terrorist act, Judge Yechiel Lipshitz stated in the ruling: "... the defendant and other rioters like him are the ones who prevented the Israel Police from maintaining order. In other words, the defendant and his ilk were the cause of the disorder and riots; the cause and not the result. It is clear that when the defendant went out into the street, he went out into battle; and the "battle" was against the Jews who, in his opinion, had come to harass the Arab residents of Acre... This is someone who "looks for trouble" and does not shy away from finding it again and again, against the police forces and against Jews whom he sought to confront because of their Jewishness and for no other reason.""
In the verdict, the judges describe the brutal lynching in which Habib participated: "On May 12, 21, the defendant joined young, masked Arabs and together they threw stones at Jews who passed by them. At the time, the complainant was participating in a procession on a nearby street and at a certain point, groups of young Jews and Arabs began throwing stones at each other.
""The complainant, sensing danger, decided to leave the scene. While the complainant was running down the street, the defendant noticed him holding a stone, picked up another stone from the road, ran towards him, and from a distance of two meters threw the stone forcefully at the complainant's upper body. As a result of one of the stones hitting his head, the complainant fell to the ground.
""At that time, at least six Arab rioters beat him with stones, sticks and kicked him all over his body, and the defendant stood over the complainant and threw another stone at him. Jewish citizens came to the complainant's aid, as well as a police officer who shot in the air to keep the rioters away from the complainant, and thus the defendant and the others stopped beating the complainant and fled the scene.".
Attorney Haim Bleicher of Mehonu, representing Mordechai Katz, responded to the verdict: "The terrorist hit Mordechai with a stone, and after Mordechai was lying on the ground unconscious, the terrorist grabbed another stone in his hand and threw it forcefully at the wounded man. But miraculously, the stone missed Mordechai and did not worsen his condition to a more serious or even fatal outcome. We regret the verdict that did not convict of attempted murder.
""The facts of the case are before the panel of judges and the defendant's actions are unequivocal, and we expect that at the sentencing stage the terrorist will be given a severe punishment, since even in the current offense, a sentence of 25 years in prison can be imposed. We thank the prosecution, and especially Attorney Ohad Cohen, who went to the end in demanding the conviction of the terrorist for attempted murder. We will continue to attend hearings and demand that justice be served against the terrorists.".
Mordechai Katz attacked the judges' decision: "After I was unwilling for about two years to reach a plea agreement thanks to Ohad Cohen, the attorney who respected my wishes, the court ruled that such a brutal and deadly attack is not attempted murder. If it is not attempted murder, then what is attempted murder?
""If police officer Moshe Shelly, Chen Cohen and other citizens hadn't arrived, it's clear to everyone that the terrorists wouldn't have given me first aid. Just one terrorist out of the entire murderous gang that attacked me. Does the court really want to fight terrorism or just check the box? When the court wants to, it can. I come away with the feeling that the court isn't doing everything it can or that it simply doesn't really want to eradicate terrorism.".
