scene of Bnei Brak attack
scene of Bnei Brak attackOlivier Fitoussi/Flash90

The military court in Samaria has decided in recent days to release from custody the father of Dia Hamarsha, who murdered five people in a terrorist attack in Bnei Brak in March.

The father of the terrorist engaged serious incitement and encouraged further attacks. However, the military judge ruled that "it is difficult to judge the conduct of a bereaved father."

Galai Tzahal's (IDF Radio) military correspondent Doron Kadosh reported that the terrorist's father expressed full support for his son's actions after the attack and continued to incite others to carry out further attacks in the days that followed. And all of his videos were circulated on social media and garnered tens of thousands of views.

Time and time again he praised the "heroic martyrs", as he put it, at the height of the wave of terror which claimed about 20 lives in Israel during the Spring. About two and a half weeks ago, an indictment was filed against him for offenses of incitement and support for an enemy organization.

The military prosecution requested that his detention be extended until the end of the proceedings in his case, claiming that he was dangerous and that he might flee or escape the trial. The military court in Samaria did not accept the prosecution's position and released the defendant to his home while forbidding him to use social media.

The judge wrote in the decision that "the actions of the defendant's son were despicable acts but from an emotional point of view it is difficult to judge the conduct of a person who lost his son ... The death of a son is a catalyst that can cause an immediate outburst of emotions, feelings, statements and even actions."

The military prosecution intends to appeal the decision to release the terrorist, and the issue will be brought before the Military Court of Appeals.