The Magistrate's Court on Wednesday morning ordered to release on bail Daniel Pinner, who was arrested the night before for taking part in a wedding in which alleged Jewish extremists appeared to celebrate the deadly Duma arson while waving weapons, and also to release the groom.
A total of five people were arrested on Tuesday, after video from the event was leaked to the press and caused a public outcry. In the video, people are seen dancing while waving guns and knives, and one masked person is seen holding a picture of the Arab baby murdered in the Duma attack and stabbing it at one point.
Pinner was seen in the video waving a gun in the air that he argues was a toy gun, and wearing a shirt of the Kach movement, which was founded by the late MK Rabbi Meir Kahane.
Police on Wednesday asked the court to extend Pinner's arrest by five days, but the judge threw out the request and accepted the argument of Attorney Itamar Ben-Gvir, who said that even if the act may have angered people there are no grounds to extend the arrest.
Pinner, a resident of Kfar Tapuach in Samaria, is to be released on a bail of 2,000 shekels (just over $500), but the police requested to delay the release so as to submit a petition.
The Jerusalem Magistrate's Court also ordered the release of the groom from the wedding, Yakir Eshbal, rejecting the police request to keep him in jail for another five days. However, a 24-hour delay order was put on the release to allow the police to petition.
"I expect that the police will this very day arrest everyone celebrating in Umm al Fahm and Rahat who wave and even shoot weapons during weddings," said Ben-Gvir following the decision on Pinner, noting on how Arab weddings frequently include live gunfire in the air.
Pinner's wife on Tuesday night wrote her version of events from the wedding on Facebook, saying, "he didn't join in stabbing the picture and wasn't even close to the people who did it."
"He held a toy gun and sat on the shoulders of someone with a shirt that was passed from person to person during the dancing of 'zachreini na,'" she wrote, referring to a traditional song recording the Biblical Samson's revenge against the Philistines. "After he understood what they did there with the picture he stopped dancing."
Three participants in the wedding remain under arrest, including the groom and an IDF soldier who is being held on suspicions that he may have passed his personal weapon to one of the participants.