A three-justice panel of the Supreme Court turned down the appeal today (Sunday), and Pinner will return to prison several weeks from now.
Daniel was convicted earlier this year of having injured an Arab in Gush Katif by shooting in the air when an Arab mob attacked him with rocks. An unmarried licensed electrician, Pinner was in Gush Katif at the time - June 2005 - to volunteer his services in the refurbishing of the Palm Beach Hotel for new families. He was taking a walk on the beach when he was attacked by the mob, and found himself in a situation he later described as "clearly endangering my life." He fired in the air, escaped the mob unscathed, and was arrested four days later on charges of having wounded one of the Arabs.
In April of this year, Pinner appealed his sentence, claiming that the conviction was faulty on several counts. To his and his lawyer, Baruch Ben-Yosef's, happy surprise, Supreme Court Justice Edna Arbel agreed that his appeal was "likely to succeed" and ordered him freed until the handing down of a ruling on his appeal.
However, what she might not have taken into account was that the Prosecution would also appeal, demanding a longer sentence.
In the event, as Pinner had suspected would happen, the Court turned down both appeals today - and Pinner must return to prison to complete his two-year sentence.
However the Court showed some consideration by postponing his return to jail by over five weeks, until after the Sukkot holiday. Assuming that the customary third will be shaved from the sentence for "good behavior," Pinner should be out of prison and a free man - this time for good - by the Passover holiday in early April 2007.
Pinner takes seriously the Talmudic dictum that one must thank G-d for the bad as well as the good. "G-d's salvation comes in the twinkling of an eye," a thankful and jubilant Pinner told Arutz-7 as he left the prison this past April - and today, as well, he was able to see the bright side. For one thing, the timing of the decision and the judges' consideration banded together so that he would not spend any major holiday in prison. "I won't miss much being in prison during the winter," he said, "and not only that, but when I was in jail before, I was able to study more Torah than in many of my years before that. So I hope to continue that as well."
Several months ago, while still in prison, Arutz-7 asked him how he feels about the train of events that brought him to prison. "I don't have any bitterness," he said. "Much worse things have happened to much better people, and in the grand scheme of things I'm really not suffering... I've spoken to many people from Gush Katif, and I realize that I have a much easier time than them. They spent many months worrying about being thrown out of their hotels, to who knows where - while if I'm thrown out, I'll be very happy, and in any event, I always have a home to go back to. Their lives have been destroyed, while mine has just been put on hold for a while."
Daniel was convicted earlier this year of having injured an Arab in Gush Katif by shooting in the air when an Arab mob attacked him with rocks. An unmarried licensed electrician, Pinner was in Gush Katif at the time - June 2005 - to volunteer his services in the refurbishing of the Palm Beach Hotel for new families. He was taking a walk on the beach when he was attacked by the mob, and found himself in a situation he later described as "clearly endangering my life." He fired in the air, escaped the mob unscathed, and was arrested four days later on charges of having wounded one of the Arabs.
In April of this year, Pinner appealed his sentence, claiming that the conviction was faulty on several counts. To his and his lawyer, Baruch Ben-Yosef's, happy surprise, Supreme Court Justice Edna Arbel agreed that his appeal was "likely to succeed" and ordered him freed until the handing down of a ruling on his appeal.
However, what she might not have taken into account was that the Prosecution would also appeal, demanding a longer sentence.
In the event, as Pinner had suspected would happen, the Court turned down both appeals today - and Pinner must return to prison to complete his two-year sentence.
However the Court showed some consideration by postponing his return to jail by over five weeks, until after the Sukkot holiday. Assuming that the customary third will be shaved from the sentence for "good behavior," Pinner should be out of prison and a free man - this time for good - by the Passover holiday in early April 2007.
Pinner takes seriously the Talmudic dictum that one must thank G-d for the bad as well as the good. "G-d's salvation comes in the twinkling of an eye," a thankful and jubilant Pinner told Arutz-7 as he left the prison this past April - and today, as well, he was able to see the bright side. For one thing, the timing of the decision and the judges' consideration banded together so that he would not spend any major holiday in prison. "I won't miss much being in prison during the winter," he said, "and not only that, but when I was in jail before, I was able to study more Torah than in many of my years before that. So I hope to continue that as well."
Several months ago, while still in prison, Arutz-7 asked him how he feels about the train of events that brought him to prison. "I don't have any bitterness," he said. "Much worse things have happened to much better people, and in the grand scheme of things I'm really not suffering... I've spoken to many people from Gush Katif, and I realize that I have a much easier time than them. They spent many months worrying about being thrown out of their hotels, to who knows where - while if I'm thrown out, I'll be very happy, and in any event, I always have a home to go back to. Their lives have been destroyed, while mine has just been put on hold for a while."