III. After these things
- After completing my opinion, my colleague, Justice Elron, and my colleague, Justice E. Stein, referred to it, and in light of what was stated therein, I saw fit to add the things that will be detailed below.
C.1. The opinion of my colleague, Justice Y. Elron
- In paragraph 2 of his opinion, my colleague, Justice Elron, writes the following:
"The court's proposal, which was not accepted in any case, does not change the judgment one way or the other. Justice Kasher's clarification that he would not have joined the judgment after the appellant withdrew her request to convict the respondent of the same offenses (paragraph 25 of his opinion) is not clear, even if only because her position was put before my colleague Justice Kasher, as it was before me. Nevertheless, his consent was given."
This requires a return to the starting point of the entire discussion: as a matter of fact, there is no dispute that the judgment in the appeal, which was given by my colleagues and by me, was given on the basis of an erroneous perception of the situation. The judgment in the appeal was given on the basis of the perception that the Respondent's position of September 26, 2024 was that the Respondent was willing to withdraw its request to convict the Applicant of the offenses of rape, but this on condition that the Applicant would agree to his conviction for the offense of assault, all within the framework of a response to the offer of such a settlement (the Respondent's waiver of the request for a conviction of the offenses of rape against the Applicant's consent to convict him of the offense of assault), which was allegedly proposed by the court. However, the facts as they are are that the respondent's repetition of her request to convict the applicant of the offenses of rape was Unconditional, and the Respondent did not at all believe that the court offered the parties to reach an agreed-upon settlement.
My friend, the judge א' שטיין, discussed the aforesaid several times in his opinion (paragraphs 19, 31 above, and again in paragraph 43 above, with reference to my opinion).