'Unfortunate decision that will harm public trust'

Retired Judge Menachem Ne'eman questions Michael Ben-Ari's disqualification, calls for enactment of Overrule Clause.

Benny Toker ,

Ben Ari, Ben Gvir
Ben Ari, Ben Gvir
Flash 90

Retired Haifa District Court Judge Menachem Ne'eman said the Supreme Court decision to disqualify Otzma Yehudit Chairman Michael Ben-Ari and on the other hand to approve Ofer Kassif's candidacy is a "contradictory and regrettable decision that would further harm public trust in the Supreme Court.

"It's very unfortunate that the trust people have in the courtroom that it is already diminishing is getting worse; it's very painful because we all very much need there to be trust in the Supreme Court," Ne'eman said in an interview with Arutz Sheva.

Judge Ne'eman adds that the very fact that the decision that was passed almost unanimously only intensifies mistrust. "If it were four judges against five, then the harm to the trust of the people in the Supreme Court would have been smaller, because they'd say, 'There are five judges who served before the period that changes were made by the Justice Minister and another change will yet come.' But once eight out of nine judges think in a certain way, the people feel a gap has been created between them and the Supreme Court."

He estimates that disqualifying MK Ben Ari will add votes to the right-wing parties."I can assume that those people who think like me that this decision is one that shouldn't have been made will express their opposition by voting more massively for the list in which Ben-Ari was supposed to be included," he said, .

Justice Ne'eman supports an additional term of office for Minister Ayelet Shaked and praises her efforts to advance the Overrule Clause that would under specified conditions allow the Knesset to re-enact laws that the Supreme Court has ruled out. "I think Overrule Clause law is correct. The opponents argue that there is always a coalition, so automatically every Knesset can, by majority vote, overturn the Supreme Court ruling. That isn't true, because after the court gives reasons for its decisions to disqualify laws, then the coalition members will have to consider these reasons and think about how to rectify and correct."