The military court of appeals said Sunday that there were no proofs that Elor Azariya was afraid of an explosive device being set off at the site of the Hevron incident in which he shot dead a terrorist lying on the floor. Moreover the president of the court, Doron Peles, said that "transferring his helmet to his friend is not consonant with the claim that he was afraid of an explosive device being on the terrorist.
The judges did however concede that the fact that the terrorist was wearing a coat would have aroused suspicion.