Caselaw

Criminal Case 80042-12-24 Department for the Investigation of Police – Circular v. Ohad Mordechai Goldberg

March 31, 2016
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Kfar Saba Magistrate’s Court
Criminal Case 80042-12-24 Department for the Investigation of Police – Prosecutions by Virtue of Various Laws v.  Goldberg

 

Before The Honorable Judge Gil Gabbay

 

In the matter: The Accuser

 

Department for the Investigation of Police – DIP

By Attorney Itzik Peretz

 

 

Against

 

The Defendant Ohad Mordechai Goldberg

By Attorney Dov Gilad Cohen

 

 

Sentence

  1. The relevant facts and the indictment:
  2. The indictment that is the subject of this proceeding was filed against the defendant on December 31, 2024. According to the indictment -

At the time relevant to the indictment, the defendant was serving as a police officer in the Israel Police.

On December 30, 2023, at 7:19 P.M., the defendant parked his car in front of the "Yellow" convenience store (hereinafter: "the store") at the "Paz" gas station in Kibbutz Bahan.

While the defendant was sitting in his car, he noticed Nour Hajbi (hereinafter: "the complainant") get out of his car at speed in the direction of the store employee, Ali Qatawi (hereinafter: "the seller"), who was sitting near the exit of the store at the time.  The complainant threw the seller's belongings off the table, spoke to him for a few seconds, and immediately the two entered the store.

At that time, the complainant aggressively approached the seller and appeared to have hit him.  The seller and the complainant arrived at the cash register, and the shift supervisor, Morsi Kashan (hereinafter: "Kashan") spoke to the complainant in order to calm him down.

The defendant got out of his car wearing a police cap, armed with his M-16 long rifle (hereinafter: "the weapon") and his personal pistol, and entered the store.

When Shan and the complainant began to walk towards the exit from the store, the complainant turned his back to the cash register area.  At the same time, the defendant entered the store and cocked his weapon, opened the bolt and placed his finger in the trigger reserve.  In the meantime, the defendant shouted at the complainant and knocked him to the ground.

The complainant then raised his hands and said to the defendant, "This is my cousin." The defendant turned the complainant over on his stomach and grabbed the complainant by pressing his leg against the complainant's back.  At this point, the complainant opened his handcuffs and placed them on the back of his neck as an expression of surrender.

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