Court: Haredi journalist will be able to interview gun offender from 5 meters away

November 12, 2024   

The Magistrate's Court rejected Abdullah Shweiki's request to prohibit activist and journalist Yedidiya Epstein from publishing recordings of his trial. Shweiki, a resident of the village of Akeb in East Jerusalem, is currently on trial for possession of a weapon, after activist Yedidiya Epstein did research on his case and handed over to the police several months ago recordings of him firing a long weapon and expressing sympathy with terrorists. After the indictment against Shweiki was filed, Epstein came to the hearings, documented and published on social media the events in the courtroom hallway. Epstein's presence disturbed Shweiki's family, and Shweiki's mother, who is supervising him under house arrest, pushed Epstein away - and as a result was questioned by the police and released on house arrest terms. In a preliminary step, Shweiki submitted a request to the Jerusalem Magistrate's Court to issue a restraining order, under the law for the prevention of threatening harassment - against Epstein. Schwiki did not hide the fact in the application that he is on trial thanks to materials that Epstein handed over to the police. The court's decision allows Epstein to continue posting about the trial and sets a minimum distance of only 5 meters between him and Schwiki and his mother. This is after the court rejected the request to completely remove him and deprive him of the right to cover the trial. The decision states: "Freedom of expression and freedom of the press are fundamental rights in the State of Israel, especially when it comes to covering public legal proceedings." It was also noted that despite the possible harm to the feelings of the defendant and his family, "the public's right to know outweighs the defendant's sense of comfort." Epstein's lawyer, Attorney Nati Rom, welcomed the decision: "The decision speaks for itself regarding the implausibility of the request to tie the hands of a journalist and a dedicated citizen." Attorney Rom added that the decision reflects the importance of legal transparency and the court's duty to ensure that legal proceedings are conducted openly. "Unfortunately, the decision still remains for a distance of only 5 meters, but we believe that the entire request should have been rejected outright." According to Attorney Rom, the firm intends to appeal the decision to the District Court, in order to cancel the existing distance limit and impose costs on the perpetrator and his mother. "The step of requesting to impose restrictive sanctions on journalists is dangerous and creates a precedent that allows criminal suspects to evade public coverage." Yedidia Epstein said in response: "Criminals tend to fear the moment they are exposed, and that is precisely why I make sure to follow the events I cover and expose them to the public. "We must not allow criminals with weapons and incitement to hide and get close. I will continue my work without fear.".