District Court Judge Zaid Falah decided to release the accused, Maj. Gen. (res.) Ofer Doron, his son Gal, Itay Yaffe and Amir Sade, to house arrest under restrictive conditions. The prosecution is expected to appeal to the Supreme Court.
Regarding the offence of terrorism of reckless endangerment, the judge said, "I am satisfied that there is prima facie evidence that the appellants committed an offence of reckless endangerment, in that they fired two flares in the general direction of the residence of the Prime Minister, knowing that security personnel were in the vicinity, in a reckless or negligent manner, which was likely to endanger human life or cause bodily harm."
However, the judge argued: "There is no prima facie evidence, which has the potential to convict the appellants of the fact that the reckless act of arson is an act of terrorism."
The judge further wrote: "The State of Israel is a strong and stable country, and if the firing of ballistic missiles at it did not easily cause the government to change its position, then all the more so, two flares, fired in the direction of the Prime Minister's residence, will not be able to do so, without in any way diminishing the seriousness of the acts allegedly committed by the appellants."
"The right to demonstrate, as well as the right to protest, is a fundamental of a democratic state, but those who do not agree with the position of the other side must not cross the bounds of the law, into the dark places of criminality. Democracy is not merely a form of government, but a way of life, based on mutual respect, tolerance and recognition of the right of every person to hold his own opinions. Differences of opinion and belief are not to be an obstacle, but a means of enriching society, and through which deeper thought may be stimulated."
To conclude, the judge emphasized: "Any dispute, however important, can never justify actions that violate the law, the obligation of each to stand on his principles, and to strive to change reality, must be done in respectful, legal, and moral ways, and only thus can the social fabric be preserved, and mutual nourishment and growth, and any other way – will lead to destruction, to division, and to ruin."