Damage to car
Damage to carCourtesy of the photographer

A NIS 54,000 compensation claim was filed recently by attorney Chaim Bleicher of the Honenu legal aid organization against an Arab East Jerusalem resident who attacked a Jew seven years ago in the City of David in Jerusalem.

The attacker in the past confessed to the charges in a plea bargain that did not include compensation for the victim himself, who is now asking the court to also receive the amount of money owed to him.

The incident took place in the City of David, where the plaintiff parked his car. When he left, the attacker noticed him and began to shout at him, "Jews aren't allowed to park here" and "get the car out of here."

The Plaintiff refused to move his vehicle and began to make his way to his place of work in the Old City, whereupon the attacker shouted "No problem, if you leave the car, you won't have a car!"

In response to the explicit threats, the plaintiff returned and photographed the assailant on his telephone. As a result, the defendant attacked him, pushed him, and hit him in the face breaking his glasses and tearing his shirt. The plaintiff was also injured and bruised in the face, chest, and forehead.

The plaintiff immediately turned to the Jerusalem Magen David police station, filed a complaint against the assailant, and handed over all the material he had collected to the police, and was photographed with the injuries from the incident. When the plaintiff returned to his car in the City of David parking lot, where he used to park every day, he noticed the windshield shattered and a rock lay in the car.

A week later the plaintiff again noticed his attacker in the City of David parking lot and called the police to arrest the assailant for questioning. Throughout the interrogation, the attacker denied the charges against him while completely disavowing his actions, despite videos in police possession showing him to be behind the violent attack.

Two years later he was indicted and after a trial convicted in a plea bargain in which he admitted the facts of the indictment. As part of the deal, he was sentenced to two months' imprisonment and a half-year suspended sentence, but was not sentenced to monetary compensation.

Since the plaintiff's claims against the defendant regarding the damage to the vehicle are not included in the indictment and the attacker's conviction, the victim decided to request compensation for the personal damage caused him. According to the plaintiff, the course of events clearly indicates the defendant is responsible for the damage caused to the vehicle, especially since even before this incident, he would regularly park his vehicle in the place and no damage was done to it.

The monetary compensation claim seeks to cover the financial loss of the vehicle, shirt, and glasses, as well as non-monetary damages. The victim says the incident caused him anxiety and stress, expressed among other things as constant alertness for fear of similar incidents, and also caused emotional tension, feelings of stress and anger, feelings of violation, humiliation, and insecurity.

The statement also says that since the circumstances of the case involve racist and violent conduct directed against the plaintiff and his property because of his Jewish identity, the plaintiff demands that the defendant be subject to punitive damages that meet the objectives of deterrence and the test of reasonableness, and in particular in light of the fact that the plaintiff was not awarded compensation in the criminal proceeding. Therefore, the court is requested to summon the defendant to trial and to charge him with the plaintiff's damages and the attorneys' fees."

Attorney Chaim Bleicher of Honenu organization representing the plaintiff stated: "Beyond the fact that with this request I hope the victim will be compensated for the damage and great distress, there's an important message here: The days when an anti-Semitic attack on Jews passes silently are over. We in Honenu organization make every effort that the attackers will be obliged to pay full compensation. As soon as the ugly acts of the assailants empties their pockets, they and their friends will think twice whether they should harm the Jews."