After the hearing and on the same day (September 18, 2024), a decision was made regarding the Respondent's updated position as well as the Respondent's position regarding the use Section 216 to the Criminal Procedure Law, and a counter-argument in this regard, if necessary, on behalf of the applicant.
- On September 26, 2024, the Respondent, in accordance with the decision of September 18, 2024 (thus, at least, to the best of its understanding), submitted its position.
In paragraph 1 of its response, the respondent noted the following:
"The appellant is still of the opinion, as she claimed in the appeal, that the facts established in the majority opinion in the judgment of the trial court establish offenses of rape by fraud and an indecent act of fraud. However, after hearing the comments of the Honorable Court in the hearing of September 18, 2024, the Appellant announces that it withdraws its motion to convict the Respondent of these offenses" (emphasis added - Y. 20).
Immediately following the quotation above, the Respondent requested that the authority granted to us be used Section 216 to the Criminal Procedure Law, and we convicted the applicant of the offense of assault, and detailed, over several pages of arguments, her arguments as to why it should be done.
On October 9, 2024, the Applicant submitted a plea document, entitled "Completion of an Argument on Behalf of the Respondent", in which he detailed his position as to why there is no reason to make use of our authority under Article 216 of the Criminal Procedure Law.
- This is the place to stop the description of the proceeding and to point out the mistake that occurred in understanding the state of affairs, after the submission of the Respondent's position on September 26, 2024 and the document of completion of the argument on behalf of the Applicant dated October 9, 2024 (and see also paragraph 19 of the above opinion of my colleague, Justice Stein).
Thus, further to what we believed was proposed by us at the conclusion of the hearing on September 18, 2024 - a proposal for an agreed arrangement regarding the Respondent's return seeks to convict the Applicant of fraudulent rape and fraudulent act, and the Applicant's consent to his conviction of assault, while making use of the authority granted to him Section 216 of the Criminal Procedure Law - the respondent's position was mistakenly understood as agreeing to the proposed arrangement, and the completion of the argument on behalf of the applicant as rejecting the proposed arrangement.