The state prosecution filed an appeal this morning (Tuesday) with the Central-Lod District Court against the leniency of the sentence handed down to 82-year-old Carol Fassler, who was convicted of abandoning 4-year-old Rafael Adana to death in Netanya in 2023.
As a reminder, the Traffic Magistrate Court sentenced Fassler to only one year in prison, while the prosecution had requested a three-year prison term.
In the appeal, submitted by attorney Sagi Segev, it was argued that the current sentence "does not reflect the severity of the actions and the repeated calls of the Supreme Court to impose harsher penalties for abandonment offenses."
The tragic accident occurred when Rafael crossed the street with his grandfather and two grandchildren. Fassler struck the child and continued driving home without stopping, acknowledging the accident, or calling for help. Rafael’s death was confirmed at the hospital four days later.
In its verdict, the court accepted the prosecution’s position that the driver was aware she had hit a person but chose to abandon him and flee the scene. Despite this, the court decided to impose only a one-year prison sentence, citing a relatively low sentencing range.
Haim Vismonsky, Central District Attorney, explained that given the severe and shocking nature of the incident, the public interest should take precedence: "Considerations of deterrence and proportionality should outweigh the personal circumstances of the defendant."
The appeal also emphasized that Fassler did not take responsibility for her actions throughout the legal proceedings. In addition, the state is appealing the amount of compensation awarded to the family-only 10,000 shekels-a sum the prosecution says "does not reflect the severe and tragic consequences of the incident."