Moreover. It is unlikely that the policeman Mashiach did not notice the plaintiff's injury at all by the defendant, even though the defendant himself confirms that the plaintiff was injured as a result of his head tilting.
- Policeman Nir Turgeman stated in his affidavit that at the time of the incident he was sitting in the patrol car in order to register a traffic ticket for the driver; While he was writing the report, he suddenly heard Officer Mashiach, his accomplice, shouting, "Beatings." He immediately went out in the direction of the incident and then noticed an attempt to take over the plaintiff; He approached and took out handcuffs and handcuffed the plaintiff (see: paragraphs 12 and 13 of Turgeman's affidavit).
During his interrogation, Officer Turgeman stated that he did not notice the development of the incident; He arrived at the scene only after the incident was in full swing and the plaintiff was on the floor; He immediately handcuffed and handcuffed the plaintiff without knowing the circumstances of the incident (see: p. 40 of the transcript, paras. 1-7; p. 41, paras. 20-21).
The Question of Liability
The Defendant's Liability
- As stated, the plaintiff proved his version beyond the balance of probabilities, according to which the defendant attacked and injured him without any justification. In these circumstances, I am of the opinion that it should be determined that the defendant committed a tort of assault against the plaintiff and was negligent in the performance of his duties.
- With regard to the standard of conduct and caution that applies to police officers, I have no choice but to join the ruling that was brought in the Disciplinary Court's ruling. See: the words of the Honorable Justice Maltz in Criminal Appeal 64/86 Ashes v. the State of Israel [published in Nevo] (June 24, 1986):
"Israel's policemen, whose work is difficult and responsible, is often accompanied by risks and harassment, and they deserve all the sympathy that the courts can give them. But by what means? As long as they remember and are aware that the authority and authority granted to them were given only for the purposes of performing their duties and must not be misused. They must memorize this to themselves day and night, precisely because their work often requires rigidity and even the use of force. The transition from "reasonable force" to unnecessary violence is quick and tempting, and God forbid they cross the border. They must know and understand that if they cross the line and if they abuse the powers given to them, and especially if they act with unnecessary violence, the courts will not give them sympathy, and they will be brought to justice, and on the other hand, a citizen who comes into contact with police officers, even if he is a suspect or a criminal, has the right to expect and assume that if he behaves properly, he will not be harmed. Brutal acts of violence such as those of the appellants severely damage both the relationship, which is at least delicate, between the citizen and the police, and the reputation of the police and its ability to function properly."