The evidentiary stage began on Thursday in the trial against Staff Sergeant (Res.) Aviad Frija, who was charged with the felony offense of homicide under circumstances of reduced responsibility.
Farija shot Yuval Kestelman, the heroic armed Israeli civilian who eliminated the terrorists who carried out the shooting attack at the entrance to Jerusalem in November 2023, after he was accidentally identified as a terrorist.
The start of the evidentiary stage comes three months after the Military Advocate General rejected the attempt to reach a plea bargain for the offense of "negligent homicide."
The hearing opened with a moving testimony from Amit, an eyewitness, who recounted: "He (Kestelman) turned toward the shooter (Frija) and lifted his hands, waving them in the air. He removed his coat and threw it aside to show that he didn't have a bomb, and even pulled out his wallet and tossed it so he would see that he was an Israeli."
Even though Kestelman was on his knees with his hands up, he was shot. "Three bullets hit him in his stomach. He went to the ground, holding his stomach, and I saw blood spread on his shirt."
Amit added harsh criticism that even after Kestelman was shot, he was left lying in his blood: "No rescue forces approached him. He could have been saved, in my opinion."
On the other hand, Frija's defense attorneys, Col. (res.) Shlomi Zipori, Col. (res.) Ran Cohen Rochberger, and Maj. (res.) Naor Alon Sosnosky claimed that the eyewitness's testimony actually strengthens their position. According to the defense team, the witness confirmed that he also believed that Kestelman was a terrorist and that he posed a threat. "This fits with the other evidence in the case, which in the first place did not justify charging the soldier with a criminal charge," they stated.
The defense team expressed distaste in the MAG's decision to withdraw from the mediation process and his demand to dismiss the indictment on the grounds of "defense from justice."
They argued that Frija was the first to charge at the terrorists and stop the massacre, and that putting him on criminal trial, no similar indictments were filed in other cases of friendly fire during the war, constitutes a grave injustice. The defense attorneys called on the Military Advocate General to review the court transcript and reconsider pursuing the case.