Court rejects appeal against release of minor

High Court rejects State appeal against release of minor accused of killing Arab woman to house arrest.

Arutz Sheva Staff ,

The funeral of Aisha a-Rabi
The funeral of Aisha a-Rabi
Nasser Ishtayeh/Flash90

High Court Justice Alex Stein rejected on Sunday the state's appeal against the decision to release the minor accused of killing Aisha a-Ravi to electronic house arrest.

Justice Stein also rejected the minor's request to examine the possibility of releasing him from detention to regular house arrest without electronic cuffing.

Judge Stein explained the postponement of the State Attorney's Office's appeal not on the question of the strength of the evidence against the boy, but on the fact that he is a minor who is not ordinarily supposed to be held behind bars.

"The detention of a minor behind bars until the end of his trial is only possible as a last resort and there is no other possibility of ensuring public safety and the proper functioning of the criminal proceeding," the judge ruled, drawing on previous rulings of the Supreme Court.

"In this case, I am satisfied that house arrest under electronic supervision, strict family supervision, and the additional restrictive conditions established by the lower court will significantly reduce - almost to zero - the likelihood that the defendant will commit an act of violence motivated by hatred of Arabs. Therefore, I can only agree with the assessment of the trial court, which was based on a thorough and careful examination of the circumstances of the case, that the above detention will fulfill the underlying objective and minimize - if not eliminate - the danger posed by the defendant."

The judge also added, "During the hearing on this matter, I asked the state's attorney to present me with a possible scenario of the committing of an act of violence by the defendant while under house arrest under electronic supervision, and she responded to my request. It is not impossible, but its probability of being realized in reality is very low, and in these circumstances, I believe that the detention must be carried out under electronic supervision, which was determined by the lower court."