Yechiel Kasher
Judge
Judge (ret.) Yosef Elron:
In the dispute between my friends, my opinion is the same as that of my friend, the judge א' שטיין, whose position is fully acceptable to me for its reasons and outcome.
I read very carefully the detailed opinion of my colleague, the judge Y. Kosher - And I found it to be disputed from beginning to end; In fact, from its basic assumptions to its conclusions.
- In my opinion, the state of affairs is simple - my colleagues and I have decided, unanimously, that the State's appeal should be accepted and the Respondent should be convicted of a number of offenses of fraudulent rape (alongside the rejection of the State's appeal against his acquittal of offenses of indecent act of fraud). This is what we learned from the evidence; We have led the law to this conclusion; This is the main principle.
Prior to the decision on the appeal, in the framework of the hearing that took place before us, we raised possible difficulties in the case and expressed non-binding positions, as is customary in the framework of completing an oral argument. My remarks, as recorded in the minutes of the hearing (some of which were quoted by my colleague Justice Kosher) express this caution well when I have made it clear more than once that I have taken a position regarding the outcome of the appeal before it has been formulated.
After the hearing, when our proposal was not adopted, I re-examined the evidence before us and the arguments of the parties, and when the doubts that I had in my heart were removed, I wholeheartedly and fully agreed to the comprehensive and convincing judgment of my colleague, the judge א' שטיין. The Judge Y. Kosher, also agreed with the judge's opinion שטייןand I can only assume that he did so after he too was convinced of his ruling. Naturally, my consent and the consent of my colleagues was given after the appellant's position was placed before us - also in relation to the proposal that she believed was our proposal and which was rejected by the respondent. The reference to that proposal was not included in the judgment, as is customary with the court's proposals, which Rejected by the parties or one of them.