A Kafkaesque and controversial case is currently being discussed in the Ramla Magistrate's Court.
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A bereaved father, a city resident, who lost his 5-year-old daughter in a terrible car accident, found himself facing a serious indictment for threats - and all, his lawyer claims - because of negligent treatment by the municipal welfare department, and due to a serious violation of his rights by the police and the prosecutor's office.
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The roots of the tragic affair lie in the turbulent divorce of the girl's parents. After the parents separated, the father contacted various sources and warned that his ex-wife, who had moved to the north, was severely neglecting their daughters, aged 4 and 5, and allowing them to roam the streets unsupervised.
His warnings went unheeded, and then a terrible tragedy occurred: his five-year-old daughter was run over by a passing bus.
The police opened an investigation into the accident, and even summoned the mother, but ultimately it was decided not to prosecute for the girl's death and the case was closed due to lack of guilt.
An appeal filed by attorney Tamir Altit, on behalf of the father, to the State Attorney was partially accepted and the reason for the closure against the mother was changed to "lack of evidence.".
The broken and guilt-ridden father was referred by welfare officials to an organization that treats people who have tragically lost loved ones, but there, he allegedly received negligent treatment from a trainee intern who had no idea how to contain his pain. His treatment was allegedly so negligent that he was not even scheduled for a single appointment with a certified therapist.
According to attorney Tamir Altit, who represents the bereaved father, during his treatment at the welfare department, the intern encouraged him to share all his pain and thoughts with her, and he described to her the severe revenge fantasies against his ex-wife that occupied him.
According to the trainee therapist, the father stated that he was considering contacting a well-known crime family in the city, so that his sons would eliminate his ex-wife and her new partner.
Instead of referring the bereaved father, whose mental condition had deteriorated, to a proper therapist, the Social Welfare Department chose to contact the police with a complaint about threats.
According to Attorney Altit, after the criminal complaint was filed by the intern and her supervisor, the police refrained from going to court with a request to remove the confidentiality established by law for things said in a therapeutic setting. Thus, the therapist unlawfully revealed, contrary to the confidentiality to which she is bound, details from the treatment.
Subsequently, the police decided to collect full testimony from the intern and her supervisor, and based on these confidential materials, a serious indictment was filed against the father.
According to Attorney Altit, even after the decision was made to prosecute the bereaved father, no police official bothered to apply to the court to remove the confidentiality of the information provided during psychiatric treatment - as required by law.
And so, a serious indictment was finally filed against the bereaved father, accusing him of threats against the intern who was treating him, even though, according to her testimony, throughout all of their therapy sessions, which lasted for more than a year, she never felt threatened.
During the treatment, the father repeatedly shared with the therapist difficult thoughts and a desire to take revenge on his ex-wife, but at the same time he also spoke of his intention to file a tort claim against her, and that he was desperately searching for her address in order to deliver the claim to her.
In the last meeting between the father and the intern, in which she got the impression that he was particularly upset, he told her that he "found his ex-wife's address and passed it on to a third party to finish the job.".
According to Altit's lawyer, at this point the therapist misinterpreted his statement. According to him, his client found his ex-wife's address and made sure to deliver the tort claim to her through a third party.
The therapist concluded that the father was talking about fulfilling his murder fantasies, and that he had transferred money to the crime family to eliminate his ex-wife, and so she hurried to report this to her superiors, who instructed her to file a complaint with the police.
According to Attorney Altit, there is no evidence - neither a bank record nor any document - that supports the claim that money was transferred on behalf of the defendant to a criminal entity at any stage. However, despite this, the police prosecution did not refrain from filing a serious indictment for threats against the bereaved father. Since the aforementioned statements were made solely in a therapeutic setting, and were never conveyed to the divorced woman or her partner, the indictment attributed threats to the father against the therapist herself.
At the evidentiary hearing, the trainee therapist and her mentor testified - where it became clear that the entire assassination plot at the hands of a crime family originated from a false associative link that the trainee therapist made in her head.
According to Attorney Altit, the therapist kept a detailed record in which she summarized all the therapeutic sessions with the defendant.
The detailed records, which were provided to the police without permission, indicate that although the words said by the defendant were harsh and full of rage, he never claimed that he paid any party money to physically harm his ex-wife, but rather that these were connections and conclusions that the caregiver drew herself.
Attorney Altit recently filed a motion to dismiss the indictment against his client on grounds of defense of justice. According to him, the criminal investigation opened against his client was based exclusively on evidence from the medical file – evidence that is inadmissible without a judicial order to remove confidentiality, which, as mentioned, was never issued.
Within this framework, it was also argued that the indictment should be dismissed on the grounds of "no answer to the charge" - because it is an indictment that is based entirely on inadmissible evidence, on a misinterpretation of therapeutic statements, and on a violation of a person's right to receive psychological assistance without fear of criminalization.
According to Attorney Altit, if the court allows the use of therapeutic materials while violating the confidentiality established by law between therapist and patient, this could set a very dangerous precedent, allowing the police to confiscate from now on any registration of a therapist, psychologist or psychiatrist - and to file serious indictments based on it.
He says this case is a glaring warning sign for anyone struggling with mental health issues following a tragedy. "Every patient should know that if they comply with the therapist's request and share their feelings honestly - a necessary condition for the success of the treatment - they could find themselves accused of a criminal offense of threatening the therapist himself. This is an absurdity like no other," says Attorney Altit.
Another hearing in the case will be held at the Ramla Magistrate's Court this October.
