Despite his condition: Judge sentences Lupolianski to 6 years in prison

June 19, 2014   

Cruel and excessive sentence: Tel Aviv District Court Judge David Rosen sentenced former Jerusalem Mayor Uri Lupoliansky, who was convicted of accepting a bribe in the Holyland affair, to six years in prison. The judge ignored the medical opinion stating that imprisonment would endanger Lupoliansky's life, and although his lawyers claimed that imprisonment constituted a death sentence for him, Judge Rosen accepted the state's position that he could serve a prison sentence, in light of a medical opinion from prison service doctors. Rosen noted in his decision that "the defendant's actions are such as to undermine the public's trust in its leaders. This is a man who did a lot for the public and did charity and did not take it home, but taking the bribe increased his power." His lawyers intend to appeal to the Supreme Court. Attorney Israel Bach, an expert in administrative law, tells Rooms10 that there is a good chance of an appeal, not only against the severity of the sentence, but also against the conviction itself. According to him, "in light of the fact that during the period in question, Lupolianski served as chairman of only a local committee and such decisions are made by the district committee. In addition, the excessive sentence and the judge's reasoning allow for good chances of an appeal.". The former Jerusalem mayor was convicted in the Holyland trial of taking bribes of more than two million shekels through donations transferred to the Yad Sarah organization, which is his life's work and which won the Israel Prize. Rosen also sentenced Lupoliansky to a suspended prison sentence and a fine. The judge noted that Lupolianski was not an "ordinary criminal." "Lupolianski sought throughout his life to do good for the community to which he belonged and for the public as a whole. It can be said that he dedicated his life to performing acts of charity and kindness. Lupolianski did not seek to enjoy the pleasures of life or to live an ostentatious life. "Even if Lupolianski did not take bribes into his pocket, the bribe money served to enhance his stature and influence, and he was awarded many public positions due to the success of his work at Yad Sara. He was awarded the closeness of the guru of the generation, Rabbi Elyashiv, a closeness that was of great value to him. His status with Elyashiv gave him great power. The value of his closeness to Elyashiv was inconceivable. "Lupolianski, as someone who was deeply connected to the Yad Sara organization, exploited his position and all of his public positions to receive hundreds of thousands of shekels through Yad Sara. According to Rosen, for the noble goals of Yad Sara, "he chose to cross the lines and engage in criminal activity. He found no difference between him and the Yad Sara organization. Empowering the organization was his life's work, the organization is his soul, and thanks to it he was elected to high positions in the municipality." Rosen further noted that some of the bribe money he received found its way to places other than Sara and was used to build a synagogue and donate to the yeshiva of Lupolianski's son. Although Lupolianski's medical condition, who suffers from cancer, is very bad, the judge rules that he can stay in prison if he receives proper medical treatment from the Prison Service. Lupolianski's sentence was separated from that of the other defendants in the trial, most of whom were sent to prison for long years, due to his difficult medical condition and special personal circumstances.