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High Court Prevents Spy's Arrest

Despite severity of charges, High Court keeps accused spy under house arrest but orders that she be supervised by her family 24 hours a day.
By Gil Ronen
First Publish: 4/14/2010, 5:40 PM / Last Update: 4/14/2010, 6:12 PM

Courts website

The High Court partially rejected Wednesday an appeal by the State Prosecution against the lenient arrest conditions of accused spy Anat Kam. Judge Ayala Procaccia ruled that Kam will remain under house arrest, but under slightly stricter conditions. She will have to be under supervision of her parents, sister or aunt 24 hours a day, and she will report to the local police station once a week, accompanied by one of her supervisors.

Kam is charged with stealing hundreds of top secret documents from the Central Command Headquarters and transferring them to a journalist from Haaretz. Surprisingly, however, for a case involving such severe charges, she has not been jailed for the duration of the proceedings against her. Instead, she is under house arrest while her trial, which began three months ago, continues behind closed doors.

The Prosecution asked to place Kam under full arrest, as is the norm in cases involving serious charges. Judge Procaccia rejected the request, saying that “it is possible that she should have been placed under arrest [in jail] from the outset. However, in view of the passage of the considerable period of time in which Kam has been under house arrest, and since there is no reason to believe that she violated the conditions of her release, the High Court decided that making the conditions of the house arrest stricter will suffice.” 
 
The court determined that the offenses Kam is charged with are particularly grave because they “could cause real damage to vital state interests, in security and military matters.”  

MK Katz unconvinced
National Union Chairman MK Yaakov Katz (Ketzaleh) reacted angrily to the decision, saying: “They are all members of the same clique: the retired [Judge Dalia] Dorner, Procaccia in the present day and if it were up to them, Kam would be sitting in the Supreme Court too.”

"Kam should have been placed in jail for the duration of the legal process against her,” he added, “but Judge Procaccia has difficulty doing this because in principle, her outlook is similar to that of Anat Kam.”