Prosecutor's Office: Postpone Lupolianski's sentence • Counsel: Cynicism and despicability

May 9, 2014   

The State Attorney's Office announced today (Friday) that it is requesting a postponement of the sentencing of Uri Lupoliansky and Avraham Feiner in the Holyland trial. Judge David Rosen has scheduled the sentencing for next week and is expected to grant the state's request.

Lupolianski was diagnosed with cancer several years ago and, according to medical opinion, his imprisonment alone could endanger his life. Feiner suffers from a 100% disability, is confined to a wheelchair and requires around-the-clock assistance.

 The prosecutor, Attorney Yoni Tadmor, says in a request submitted today to Rosen that additional tests should be conducted on Lupolianski, so that the state can formulate its position on the possibility that he will be able to serve an actual prison sentence. Regarding Feiner, Tadmor writes that due to his unusually serious health condition, the state agrees to request that he be sentenced to community service. To this end, it is asking Rosen to order the opinion of the community service supervisor to be obtained before he sentences him.

 As you may recall, 10 days ago, the judge asked the State Attorney's Office to remove Uri Lupoliansky and Avraham Feiner from the punishment range it proposed for the other suspects – and to reach an agreement with them. The judge noted that even if there is no agreement – ​​the sentence will be very light and will be similar to that which would be reached by agreement. The state requested that they both be sentenced to three years in prison each. 

According to the judge, he tends to intervene in the sentencing complex in the case of the two, both due to the fact that they did not take money into their own pockets, and also due to their health condition. "It is very difficult for me to say: A medical condition is not a refuge, there is a hospital in Ramla. The question is whether we as a system can seal ourselves off. There are limits. There is bribery here, there is corruption here, it is atrocity. There was a trade-off. I am not giving up for a second. I am not backing down. But they are unhealthy people and did not take it into their pockets or into their children's pockets or into their grandmother's pockets," added Judge Rosen. "If you went to an agreement with Zaken - and I am not sure I accept it yet, what she gave to the case here, is that it could have lasted less - then you can't here? Do you want to see Feiner in prison? We are just law enforcement officers and that's all? There also needs to be humanity in the system," said the judge. Nahum Benedict, Lupolianski's advisor, said in response: "There is no limit to the cynicism and despicability of the prosecution. After the judge said that he does not intend to impose a prison sentence, since it is clear to everyone that Lupolianski did not take anything into his pocket and taking into account his health history, the prosecution is now trying to postpone the sentence through ugly tricks, even though Lupolianski's lawyers have already made it clear that they oppose postponing the sentence to another date.".