Caselaw

Criminal Case (Be’er Sheva) 29984-08-16 State of Israel v. Muhammad Zoabi

August 17, 2017
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Be’er Sheva District Court
 
Criminal Case 29984-08-16 State of Israel v.  Zoabi (Detainee)

 

 

 

Before The Honorable Judge Yoel Eden

 

 

The accuser: מדינת ישראל

 

Against

 

The Defendant: Muhammad Zoabi (detainee)

 

Attendees:

Counsel for the accuser, Adva Vitzgan

The Defendant and Attorney Rafi Masleha

 

Verdict

 

 

The indictment

  1. The indictment accuses the defendant of committing offenses of conspiracy to commit a crime - Offense according to Section 499(A)(1) Law The Penalties התשל"ז - 1977 ("The Law"), Weapons Offenses (Possession of weapons) By Section 144(A) Law, Weapons Offenses (Transporting Weapons) By Section 144(II) Law, Weapons Offenses (Arms deal) By Section 144(B2) Law, and the use of a vehicle to commit a crime according to Section 43 To the Ordinance Traffic (New Version), התשכ"A - 1961.

According to the indictment (which was amended to add witnesses) -

At the IDF base in the Negev, there is a compound of locked bunkers containing weapons.  The base and the bunker complex are secured by patrols, a guard post and more.

In the bunker compound is a bunker that serves as a specific unit (the "bunker").  This bunker has a sliding door that locks using a lock attached to a metal chain.

The bunker houses many types of weapons, including explosive devices, shrapnel, shoulder-fired projectiles ("LAU missiles"), as well as a cracker launcher (a "Matador missile") capable of penetrating armored steel and reinforced concrete.

During the period relevant to the indictment, in April 2016, soldiers under the command of Captain Shadi Bashir ("Shadi") secured the base and the bunker.

Adi Zoabi ("Adi") served as Shadi's driver.  The defendant is Adi's father.

On a date unknown to the accuser, but prior to April 29, 2016, the defendant , Shadi, Adi and others, whose identities are unknown, conspired to steal weapons from the base and transfer them to others in exchange for a large sum of money.

As part of his position, Shadi owned a commercial military vehicle, and at the end of the week on April 29, 2016, Shadi changed his car with another officer, to a different commercial vehicle, a military vehicle.

As part of the connection and in order to promote it, on 29 April 2016, Shadi instructed another officer under his command, who was in charge of the guard at the base, to remove the soldier who was at the guard post watching the bunker at the time, and to return him to the soldiers' quarters.

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