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October 09, 1992 - Image 20

Resource type:
Text
Publication:
The Detroit Jewish News, 1992-10-09

Disclaimer: Computer generated plain text may have errors. Read more about this.

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Evidence Is Reviewed
In Murder Case

Jerusalem (JTA) — Con-
tradicting a ruling by the
High Court of Justice, the
Israeli justice minister has
ordered a review of a 9-year-
old murder case in which
five Arabs were sentenced to
life for the murder of a Jew-
ish boy.
In an unprecedented and
controversial move, Justice
Minister David Libai in-
structed the deputy attorney
general to re-examine
evidence which convicted
the five for the slaying of
Danny Katz, 13, in the
winter of 1983.
The boy's body was found
near his home in the Danya
neighborhood of Haifa. He
had been sexually abused.
Mr. Libai, instructing
government lawyer Yehudit
Karp to again look at the
case, said he did not dispute
the ruling in the second trial
handed down by the High
Court. But he "could not
close his eyes to repeated
claims that innocent people
sit in jail."
According to a news
report, the High Court was
unaware when handing
down its ruling that the
General Security Service, or
Shin Bet, had investigated
the case and believed it
unlikely that the five had
committed the crime.
Shin Bet investigators, in
a report requested at the
time by police, found there
was no basis to the police
claim that the five sub-
mitted the victim's
garments to a terrorist
organization as part of an
"entrance requirement" for
membership, the daily
Ha'aretz said.
Three days after the
murder, police arrested five
Arab employees in a super-
market located in the boy's
neighborhood. The suspects
claimed in court that their
interrogation was accom-
panied by force and threats.
They eventually confessed
and were sentenced to life.
A number of public figures
insist the five are innocent
and that the murderer is
still at large.
Apparent contradictions in
the prosecution's case have
been cited by former senior
police officer Ezra Goldberg,
Ha'aretz columnist Tom
Segev and Avigdor Feldman,
a respected attorney.
They include the reported
claim by a coroner that he
was asked to produce fin-
dings that would help in-
criminate the accused.

The defendants appealed
to the High Court and lost.
But Mr. Feldman, in a move,
without precedent, asked
High Court President Meir
Shamgar for a second trial.
Mr. Shamgar turned down
the request, thereby vir-
tually shutting off further
legal options, before Mr.
Libai announced his order
for a review.
The justice minister said
that new evidence would
impel him either to recom-
mend a pardon or to ask the
court for a second trial.
Mr. Goldberg has stated he
is convinced the five are in- _
nocent, and that they were
victims of a conspiracy by
"police interrogators who
exploited their uniforms to
commit evil."
Mr. Libai's decision has -
triggered sharp reaction
from the victim's family,
from jurists and from the po-
litical opposition.
Mira Katz, mother of the
murdered child, said the
justice minister was seeking
"political gain from the
blood of Jewish children."
Former Judge Shaul
Aloni, a member of the ben-
ch that convicted the five,
said Mr. Libai had created a
situation in which a
government official decided
on whether the president of --
the High Court had erred in
a ruling.
On the parliamentary
front, Likud Knesset mem-
ber Tzahi Hanegbi said the
decision had caused
"unprecedented damage" to
Israel's supreme court and
suggested it might have
been prompted by pressures
exerted by Arab parties
which support the govern-
ment coalition.
Another Likud member of
Knesset, David Mena, said
hundreds of criminals will
now demand a review of
their cases.

French Leader
Visits Mideast

Paris (JTA) — Amid offi-
cial denials that he is seek-
ing to arrange an Israeli-
Syrian summit, French For-
eign Minister Roland Dumas
will travel to Syria, Egypt
and Israel over the weekend.
Political analysts believe
that while the trip was not
explicitly mandated by
Jerusalem, Mr. Dumas is ac-
ting with the approval of the
Israelis.

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