After they were convicted at the beginning of the month of assaulting a civilian, the Jerusalem Magistrate's Court on Tuesday overturned the conviction of Israel Police officers Shay Ezra and the Yotam Gregir.
The two were accused of violently assaulting a civilian named Chaim Mizrahi, near an ultra-Orthodox demonstration in the Geula neighborhood in January 2022. A court sentenced the two collectively to about 200 hours of public service and compensation of about NIS 8,000 to the complainant.
"In the balance between the violation of the victim's rights and the violation of the continued employment of the accused in the Israel Police, I found that it is possible to be satisfied with a non-conviction and an accompanying punishment, which includes, among other things, the termination of the complainant," Judge Sharon Lari Bavli noted in her decision, adding: "I do not condone the actions of the accused. These are serious actions... and I got the impression that the victim was harmed by the actions on an emotional level [as well]."
Why were the convictions overturned?
However, the judge added: "I heard the witnesses as part of the evidence for the punishment and I looked at the letters of recommendation and the certificates that were submitted and I got the impression that these are police officers whose conduct is not characterized by the crimes they were convicted of. These are two decorated police officers who were praised by their commanders.
"The defendants themselves expressed sincere regret for their actions... The defendants apologized to the complainant, and that's a good thing." Additionally, she explained, "The two defendants testified about the personal damage they suffered as a result of the criminal proceedings.
"The conviction of the defendants would mean, with a high probability, the termination of their employment with the Israel Police. I do not believe that this result is proportionate under the circumstances of the case," she explained. "In this regard, I would like to clarify that the fact that the defendants have not been fired or suspended so far does not guarantee that they will not be fired as long as the conviction remains.
However, the fact that their commanders are [also] supportive of them continuing their work strengthens my conclusion that these are worthy policemen."