Yoel Zev Goldstein, the third and final Israeli yeshiva student to be tried in Japan on charges of smuggling illegal drugs into the country, was acquitted Monday afternoon by a three-judge court panel.
Another yeshiva student is serving a six-year sentence in Japan and the third student, who was a minor at the time the offense was committed, served his sentence in Israel and was pardoned before its completion.
Judge Masanori Hadoko announced the verdict from his Chiba District courtroom. Judge Hadoko had allowed the trial to be extended by several months last year in order for the defense to bring additional witnesses and evidence. He had replaced the original judge in the case, who had exhibited a much stricter attitude toward the accused.
The judge accepted the contention brought by Goldstein's lawyer, Attorney Mordechai Tzivin, that due to Yoel Zev’s background and education, he did not know that he was transporting narcotics and was not even aware of what illegal drugs were.
According to Rabbi Aron Nezri and Rabbi Meilech Bindinger, who have been deeply involved in assisting the yeshiva boys, the judge noted that Yoel Zev resided in the town of Bnei Brak, which is mostly inhabited by ultra-orthodox Jews, has no cinema or similar recreational venues, and has a very low crime rate. Bnei Brak boasts no manned police post and virtually no television sets, the judge wrote, and its leaders have created a sheltered society with the objective that the youth have limited contact with secular people."
"The orthodox Jewish community is close knit and boasts a high level of social trust. In light of that, no suspicion was raised when this assignment was proposed to the boys. The monetary reward offered to the boys was not reflective of remuneration of a witting mule."
Due to a quirk in Japanese law, Yoel Zev was taken into custody by Immigration Police immediately after his acquittal because he has overstayed his visa. His attorneys have prepared a document explaining the circumstances of his arrest and he is expected to be released to Israel within a week or two.
The prosecutor has 14 days to appeal to the High Court in Tokyo.