In conclusion, I will quote from the instructive words of President Shamgar Schiff for our purpose as well:
"In our time, we often forget that human dignity is not only the dignity of the accused, but also the dignity of the complainant, the witness, the victim; Fairness in the proceeding, which we are seeking, is not only fairness to the defendant, but also to those who seek the help of society so that it can draw conclusions from his humiliation and humiliation as a person. Human dignity encompasses all human beings...
The essence of the matter is that the preservation of human dignity is incompatible with trampling on it." (Additional Criminal Hearing 3750/94 Anonymous v. State of Israel, IsrSC 48(4) 621, at p. 630, opposite Footnote A (1996)).
As stated, I agree with the judgment of my colleague, Justice Y. Amit, as well as his supplementary comments to the opinion of Justice Hendel.
Judge
Justice N. Hendel:
- I have examined the comprehensive and learned opinion of my colleague, Justice Amit. My colleague laid out his doctrine in a clear and detailed manner, with a thorough analysis of the factual and legal platform. His conclusion is that the State's appeal should be accepted in part, and the Respondent's appeal should be dismissed in its entirety. The result is that the respondent will be entitled to compensation in the amount of NIS 200,000 plus attorney's fees, in lieu of the compensation awarded to him in the trial court in the amount of approximately NIS 1.8 million plus attorney's fees and expenses.
Before I detail the reasons for the dispute that occurred between me and my friends, I will briefly discuss the sequence of events so far. It should be noted that my colleague, the judge A. Arbel, agreed with Judge Amit's opinion, while referring in principle to the criticism leveled in the District Court's judgment on the work of the police and the State Attorney's Office. I will also address this later.
The Sequence of Events
- On April 18, 1999, at around 8:00 P.M., an 11-year-old girl (hereinafter: the minor) walked to her home. While she was walking, a stranger attacked her, dragged her into the yard of a building and raped her. At the end of the incident, the minor returned to her parents' home, crying and bruised. Her father rushed to bring her to the police station, where she was interrogated by a child investigator and a casket of the rape suspect was assembled. Among other things, the girl said that Hans wore a yellow casket hat, wore sunglasses (despite the late hour) and wore gloves.
On July 16, 1999, the minor's father identified a customer in the supermarket who looked similar to the suspect's folder. This client is the respondent in the case before us. The father hurried back home, and brought the minor to the supermarket in order for her to try to identify the respondent as the person who committed the rape on her. The minor began to cry bitterly and her father had to bring her home. The father then returned to the supermarket, followed the respondent and discovered that he lived in the same building in whose yard the rape took place. The father reported all this to the police, and on the same day the respondent was arrested on suspicion of committing the rape.