Judge Moshe Drori
Judge Moshe DroriFlash 90

The Jerusalem District Court ruled that Marwan Barghouti, the Palestinian Authority and another four terrorists would be obliged to pay compensation of 62 million shekels to a family three of whose members were murdered on Route 443 in 2001.

The decision was given following the decision made in September 2014, in which Judge Moshe Drori determined that the perpetrators were liable for damages to the plaintiffs, and that the Palestinian Authority is also liable for damages under the Torts Ordinance, for both encouraging and aiding the execution of the attack according to the tort of negligence and by supplying the weapons used to carry out the attack and financing the perpetrators..

The shooting attack in question took place at the beginning of the “intifada” on August 25, 2001 on Saturday night. The plaintiffs traveled by car on Route 443 as they returned from a trip in Eilat to their home in the center of the country. The terrorists drove alongside the vehicle of the plaintiffs, shooting and killing three adults who were in the vehicle: Sharon Ben-Shalom, Yaniv Ben-Shalom; and Doron Severi.

The two babies in the car, Efrat Ben-Shalom and Shachar Ben-Shalom, were saved because their mother, Sharon Ben Shalom, shielded them with her body. Since the tragedy, both orphans have been raised by their mother's sister and her husband, Odelia Ben-Shalom Moshe and Atzmon Moshe.

In the verdict, the full picture of the physical and mental damage suffered by the entire family, including the parents of those murdered, was laid out.

In determining the amount of compensation, the court took many factors into account, and finally ruled that punitive damages of 10 million shekels should be imposed for each of the three victims' estates, 6 million shekels for each orphan and 5 million shekels for each of the parents of the victims.

The perpetrators were ordered to pay 60% and the PA 40% of the sum owed to the plaintiffs, including 20% of the plaintiffs’ legal fees.