Staff Sgt. Adiv Mansour, a veteran Border Police officer who was among the first to reach Yuval Kestelman, of blessed memory, after he was shot, testified Thursday at the Beit Lid Military Court in the trial of reservist officer Aviad Frija.
Mansour testified that Kestelman only pulled out his wallet and ID card after the shooting at the scene had already stopped.
Frija is accused of causing Kestelman’s death after mistakenly identifying him as one of the terrorists in the attack at the entrance to Jerusalem at the beginning of the war. Mansour testified that he too initially suspected Kestelman was a terrorist.
“At first, he looked like a terrorist to me because all three of them were carrying weapons," he said.
Mansour said he approached Kestelman with his weapon pointed at him. Kestelman responded by raising both hands and signaling for him not to shoot. When Mansour was about two meters away, Kestelman pulled out his wallet and threw it toward the sidewalk. Mansour then approached to check his ID.
Only then, Mansour said, did he realize that Kestelman was a Jewish Israeli civilian. Kestelman had been wounded in the mouth and could not speak, leading Mansour to understand that he was using the wallet to identify himself.
Even after Kestelman signaled for him not to shoot, Mansour kept his weapon trained on him, fearing he could still pose a threat.
“I learned a lesson from many incidents," he explained. “A suspect could have an explosive device or suicide belt, a knife, another gun, or a grenade." He said he did not want to take any chances.
During questioning, Mansour was asked whether there was still gunfire when Kestelman threw his wallet and his ID was checked.
“When I checked the wallet, there was no shooting," he replied, later emphasizing: “When the wallet was being checked, there was no gunfire from any party."
Mansour said he had heard numerous shots while approaching the scene but did not see who fired them.
“I didn’t see either a civilian or a soldier... I heard [gunfire], but I didn’t see a soldier shooting," he testified.
He also addressed the calls of “cease fire" heard at the scene. According to Mansour, the shooting had already stopped as he approached, before he and another civilian shouted “cease fire." He explained that he shouted to prevent himself from being accidentally shot, rather than because he had already identified Kestelman as a civilian.
Mansour said he did not know why the shooting stopped-whether the soldiers noticed him, heard the calls, or for another reason. By the time he reached Kestelman, the shooting had stopped, but he continued to suspect him until checking his ID.
“Until he identified himself with the wallet, and then I evacuated him," he testified.
The defense attorneys said Mansour’s testimony strengthened their case.
“Witness Adiv Mansour definitively disproved the false claim that Frija shot Kestelman, of blessed memory, despite Yuval having already pulled out his wallet and presented his ID," they said.
The defense added that the testimony “is highly significant for determining the truth in the case and clearing the name of Aviad Frija," arguing that Frija acted in good faith and that prosecuting him had caused him and his family serious injustice.