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Judgment
I have before me a claim for compensation for bodily injury, by virtue of the provisions of the Torts Ordinance [New Version] (hereinafter: the Ordinance or the Torts Ordinance).
Background
- On July 29, 2011, when he was about 16 years old, the plaintiff was attacked by the third party (hereinafter: the incident or the assault incident) who was a police officer on duty. As a result of the incident, the plaintiff was left with permanent mental disability.
- An indictment was filed against the third party (hereinafter: the police officer or the attacking policeman) attributing to him the offense of assault causing actual injury. The indictment was amended and the policeman admitted his facts. These are the works in the amended indictment (see: pp. 7-9 in the exhibits file on behalf of the defendants):
- During the period relevant to the indictment, the policeman served as a detective in the Israel Police, in the Hebron area;
- On July 30, 2011, at approximately 2:30 A.M., in the course of their duties, the police officer and another police officer, who served as the head of the team (his name is listed in the indictment and will be read hereinafter: A.C. or Team Leader) in the settlement of Beitar Illit (hereinafter: The Yishuv) in a white Toyota pickup truck (hereinafter: Composition). The policeman drove the car, and the head of the crew sat in the passenger seat next to the driver. The two were wearing civilian clothes at the time;
- At that time, a group of youths - about six - were sitting at the gate of the settlement, near the post of the guard of the settlement in a number - including the plaintiff, a minor born in 1995;
- As the policeman and the team leader passed by the group of youths in the patrol car, the plaintiff shouted at one of his friends - as a joke - to present him with an ID card. The policeman heard this and stopped the car, got out of the car and shouted at the group of youths: "Who is the man who asked for an ID card?" When the plaintiff confirmed that he was the man, the policeman approached him and slapped him hard in the face, twice. In response, the plaintiff began to retreat, but the policeman punched him again. The policeman then kicked the plaintiff's left leg (hereinafter: The Attack). After the attack, the policeman and the team leader left the scene in a car;