A Jerusalem court has ruled that the now-ruling Hamas terror group must pay $20 million to Gavish, whose family was murdered in a brutal attack carried out by a Hamas terrorist on their home two years ago.
Coincidentally, Gavish was one of the people who apprehended the Arab terrorist who stabbed five people on a mini-bus in Petah Tikvah last Sunday, killing Kinneret Ben-Shalom.
After a lengthy trial, the Jerusalem District Court has ordered Hamas to pay the Gavish family 90 million shekels ($20 million), as a result of a suit brought by the five Gavish children suit against the group in 2002, following a brutal terror attack in which their parents, grandfather and brother were murdered.
Hamas recently won the Palestinian Authority elections by a landslide, despite widespread media and intelligence reports promising a victory to Yassir Arafat's Fatah group.
On the evening of March 28, 2002, a Hamas terrorist armed with an automatic rifle infiltrated the Gavish family's home in the community of Elon Moreh, in the Shomron, and opened fire on its inhabitants. The terrorist immediately killed Yeshurun's parents, Rachel and David Gavish, both 50, his brother Avraham Gavish, 20, and maternal grandfather Yitzhak Kanner, 83, before neighbors managed to shoot the terrorist dead. The remaining six children, ages 15 to 22, managed to escape out of a second floor window.
The civil suit was brought on behalf of the children by Attorney Nitsana Darshan-Leitner, the Director of the Shurat HaDin legal advocacy group.
During the trial, Darshan-Leitner urged the District Court to find the Hamas organization liable for the four deaths and to award the Gavish family an unprecedented "American-style" judgment amount. The plaintiffs argued that there was no justification or mitigating circumstances that could rationalize the heinous terrorist attack and that the Hamas terrorist group should not be provided any leniency by the court.
In his verdict, the District Court Judge wrote: "With no need to elaborate, I believe that the current case is appropriate for awarding punitive compensation against the defendant. The sinful act of murder justifies such an award. It is a terrorist action, which was done with intent and full awareness to cause the death of the victims and the damage to their families, since there is no other explanation for this act."
Shurat HaDin was satisfied with the ruling. "The court's decision sought to punish Hamas for the murders and provide some measure of compensation for the surviving family members. It is the first time that Hamas has been successfully sued in an Israeli court," a statement read.
"District Court Judge Aharon Farkash accepted the arguments and his decision established an important legal precedent for other victims seeking justice against Palestinian terrorists in the Israeli courts," Darshan-Leitner said, "the awarding of punitive damages against terrorist defendants."
Days later, Yeshurun Gavish, who now lives in Kedumim, another town in the Shomron, heard the screams of terrified terror victims once again. An Arab terrorist had boarded the #51 sherut (mini-bus) on Jabotinsky street in Petah Tikvah and begun stabbing people with a butcher knife.
Gavish heard people yelling, "Terrorist! He's stabbing us!" and ran to the scene. Six people had been stabbed and Gavish spotted the terrorist running away, stabbing whoever he passed. The terrorist had run 600 feet when passerby Eli Haziz managed to hit the terrorist with a board. Yeshurun charged the terrorist, gun drawn, and beat him into submission, taking the butcher knife from his hands and standing over him until a police officer arrived.
Gavish, Haziz and Officer Meir Avidor were each awarded a citation of bravery from Sharon District Police Commander Menashe Arbiv Thursday.
Coincidentally, Gavish was one of the people who apprehended the Arab terrorist who stabbed five people on a mini-bus in Petah Tikvah last Sunday, killing Kinneret Ben-Shalom.
After a lengthy trial, the Jerusalem District Court has ordered Hamas to pay the Gavish family 90 million shekels ($20 million), as a result of a suit brought by the five Gavish children suit against the group in 2002, following a brutal terror attack in which their parents, grandfather and brother were murdered.
Hamas recently won the Palestinian Authority elections by a landslide, despite widespread media and intelligence reports promising a victory to Yassir Arafat's Fatah group.
On the evening of March 28, 2002, a Hamas terrorist armed with an automatic rifle infiltrated the Gavish family's home in the community of Elon Moreh, in the Shomron, and opened fire on its inhabitants. The terrorist immediately killed Yeshurun's parents, Rachel and David Gavish, both 50, his brother Avraham Gavish, 20, and maternal grandfather Yitzhak Kanner, 83, before neighbors managed to shoot the terrorist dead. The remaining six children, ages 15 to 22, managed to escape out of a second floor window.
The civil suit was brought on behalf of the children by Attorney Nitsana Darshan-Leitner, the Director of the Shurat HaDin legal advocacy group.
During the trial, Darshan-Leitner urged the District Court to find the Hamas organization liable for the four deaths and to award the Gavish family an unprecedented "American-style" judgment amount. The plaintiffs argued that there was no justification or mitigating circumstances that could rationalize the heinous terrorist attack and that the Hamas terrorist group should not be provided any leniency by the court.
In his verdict, the District Court Judge wrote: "With no need to elaborate, I believe that the current case is appropriate for awarding punitive compensation against the defendant. The sinful act of murder justifies such an award. It is a terrorist action, which was done with intent and full awareness to cause the death of the victims and the damage to their families, since there is no other explanation for this act."
Shurat HaDin was satisfied with the ruling. "The court's decision sought to punish Hamas for the murders and provide some measure of compensation for the surviving family members. It is the first time that Hamas has been successfully sued in an Israeli court," a statement read.
"District Court Judge Aharon Farkash accepted the arguments and his decision established an important legal precedent for other victims seeking justice against Palestinian terrorists in the Israeli courts," Darshan-Leitner said, "the awarding of punitive damages against terrorist defendants."
Days later, Yeshurun Gavish, who now lives in Kedumim, another town in the Shomron, heard the screams of terrified terror victims once again. An Arab terrorist had boarded the #51 sherut (mini-bus) on Jabotinsky street in Petah Tikvah and begun stabbing people with a butcher knife.
Gavish heard people yelling, "Terrorist! He's stabbing us!" and ran to the scene. Six people had been stabbed and Gavish spotted the terrorist running away, stabbing whoever he passed. The terrorist had run 600 feet when passerby Eli Haziz managed to hit the terrorist with a board. Yeshurun charged the terrorist, gun drawn, and beat him into submission, taking the butcher knife from his hands and standing over him until a police officer arrived.
Gavish, Haziz and Officer Meir Avidor were each awarded a citation of bravery from Sharon District Police Commander Menashe Arbiv Thursday.