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Jerusalem - Court Slams Judge for Acquitting Rabbinical Student Who Ran Over Woman |
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Jerusalem - The Supreme Court today harshly criticized Jerusalem District Court judge Moshe Drori for his decision not to convict a yeshiva student who ran over Ethiopian-Israeli parking lot cashier Noga Zoarish.
The decision was apparently made in order not to harm the man's chances of being appointed as a judge in the rabbinic courts.
The State Prosecution appealed the acquittal.
"This is a very severe incident. I read the district court decision and did not understand how the yeshiva student was not convicted, it is inconceivable," Justice Edmund Levy said.
Levy has also questioned the sincerity of the perpetrator's remorse and public apology to Zoarish, which was one of the grounds for Drori's acquittal, pondering why he expressed no such sentiments while being interrogated by police.
"He was involved in such a severe incident and expressed no remorse; that should also be taken into account when one decides to pave the way for him becoming a rabbinical judge," Levy said.
In January 2006, Zoarish was working as a cashier in a parking lot in Jerusalem. The haredi driver aspiring to become a rabbinical judge attempted to leave the parking lot without paying. Zoarish blocked the car's exit with her body. But the driver proceeded, lifting the woman onto the hood of the car and carrying her 15 meters before knocking her to the ground.
Zoarish lost consciousness from the impact and sustained head injuries.
The driver attempted to deny the incident until he was confronted with video from a security camera installed at the scene of the hit and run.
The yeshiva student, who brought to court recommendations from Chief Sephardi Rabbi Shlomo Amar and Shas spiritual mentor Rabbi Ovadia Yosef, asked Drori to be lenient, claiming that an excessively stringent ruling that said his offense constituted moral turpitude would block him from being appointed as a judge in the rabbinical courts, which is a public office.
In a controversial decision that might have ruined Drori's chances of getting himself appointed to the High Court of Justice, Drori ruled that since the young driver's apology had been accepted by the Ethiopian woman, there was no need to determine that the driver's offense constituted moral turpitude.
Much of the 321-page decision was devoted to arguing for the importance of implementing Halacha - including laws governing the process of repentance - in the civil court system.
Drori argued that by sincerely apologizing and paying NIS 10,000 in damages, the driver had repented his sin. Drori also obligated the haredi man, a father of three, to perform 150 hours of public service that did not interfere with his teaching at a yeshiva.
Drori's name had recently been submitted by three members of the Judicial Election Committee to Justice Minister Yaakov Neeman as a candidate for the Supreme Court.
Following the move, Drori's verdict was exposed and the ensuing public uproar brought committee member and Environmental Protection Minister Gilad Erdan to withdraw his support for Drori.
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Read Comments (26) — Post Yours »
1
Jul 13, 2009 at 11:31 AM Boruch Says:
Did Rav Shlomo Amar or Rabbi Ovadia Yosef give recommendations to this yeshiva teacher who denied the incident until he was confronted with video from a security camera?
Would you like this "aspiring rabbinical judge" who lied to the police to make decisions in your case?
2
Jul 13, 2009 at 12:22 PM Sick to Stomach Says:
How far are these incidents going to go? How much covering up will 'rabbis' do? Why do 'rabbis' ignore the real jewish laws and societal laws in order to fit them into their version of it? It is no wonder that that there is anti - semitism and hatred for (these) jews.. They deserve it and much more! When will everyone realize that these are nor 'rabbis' and are just taliban religious fanatics & nuts who bend rules for themselves? What the h** is going on here? Why do they blame 'teens at risk'.. 'unkosher cell phones'...Indian Wigs..Internet.. TV.. when the REAL problem are these idiotic fanatics posing as 'rabbis' & 'jews'?
3
Jul 13, 2009 at 12:18 PM Velvel Says:
Obviously this is a result of the parking lot that they want to open on shabbos. Imagine what a chillul hashem THAT would be (unlike this wonderful event).
4
Jul 13, 2009 at 12:07 PM David Says:
If intentionally running over another person, fleeing the scene of an accident, lying to the police and showing no remorse doesn't suggest a bit of "moral turpitude," then I wonder what would? For the sake of the Torah and the religious courts, this young man should certainly not be viewed as judge material. Moreover, I think the same could be said about Drori
5
Jul 13, 2009 at 12:05 PM Anonymous Says:
am I the only one who thinks there is more to the story than what the left leaning jpost is telling us?? I certainly do!
6
Jul 13, 2009 at 12:05 PM Simcha Says:
Is this the kind of person we want serving on a beis din?
7
Jul 13, 2009 at 12:05 PM Anonymous Says:
not to mention knocking a woman over so he can leave a car park without paying. how on earth does that guy get to remain a contender for a judge of an elmo contest never mind a rabbinic judge
8
Jul 13, 2009 at 12:05 PM jail the chaya Says:
I assume that it was a crime and the victim alone can not decide to forgive, it was a crime regardless. The laws are there to help keep people of this (lack of) character out of high positions. There is no assurance that he would not do this again and it might, GF leadt to seriuos permanent disability. This chaya belongs n jail for this.
9
Jul 13, 2009 at 11:34 AM Anonymous Says:
let me get this straight -- he tried to leave without paying (ie: stealing), then he denied any wrongdoing (ie: lying) and they want this guy to be a judge?
10
Jul 13, 2009 at 11:33 AM chesky Says:
What's going on? Put this talmid chuchim in jail!
11
Jul 13, 2009 at 12:47 PM avf Says:
“ How far are these incidents going to go? How much covering up will 'rabbis' do? Why do 'rabbis' ignore the real jewish laws and societal laws in order to fit them into their version of it? It is no wonder that that there is anti - semitism and hatred for (these) jews.. They deserve it and much more! When will everyone realize that these are nor 'rabbis' and are just taliban religious fanatics & nuts who bend rules for themselves? What the h** is going on here? Why do they blame 'teens at risk'.. 'unkosher cell phones'...Indian Wigs..Internet.. TV.. when the REAL problem are these idiotic fanatics posing as 'rabbis' & 'jews'? ”
Sounds really crazy this "Rabbi" should be sitting in prison for his actions and for lying to the police. To be "don lkaf Zechus" I would say that maybe these Rabbonim were not told about how he had done it on purpose and that he had lied to police- such a scenario is not so far fetched at all.
12
Jul 13, 2009 at 01:33 PM confused Says:
“ What's going on? Put this talmid chuchim in jail! ”
then you will have the entire community trying to get him out of jail bec jews cant be in jail!!!! so whats the right thing to do? no one seems to be responsible for what they do!
13
Jul 13, 2009 at 01:25 PM dovy Says:
“ How far are these incidents going to go? How much covering up will 'rabbis' do? Why do 'rabbis' ignore the real jewish laws and societal laws in order to fit them into their version of it? It is no wonder that that there is anti - semitism and hatred for (these) jews.. They deserve it and much more! When will everyone realize that these are nor 'rabbis' and are just taliban religious fanatics & nuts who bend rules for themselves? What the h** is going on here? Why do they blame 'teens at risk'.. 'unkosher cell phones'...Indian Wigs..Internet.. TV.. when the REAL problem are these idiotic fanatics posing as 'rabbis' & 'jews'? ”
Why are you only attacking "those bad rabbis" when the coverup was perpetrated by a secular judge. Why not attack all Israeli judges?
14
Jul 13, 2009 at 01:23 PM Chochom Says:
So maybe not a judge but at least he should be a dayan
15
Jul 13, 2009 at 01:04 PM Sam Says:
If the facts stated in the article are true, then I think it's open and shut that this student should be kept away from a bet din at all costs. As a previous poster put it, however, there has got to be another side to this story. I'd like to find out what it is?
16
Jul 13, 2009 at 02:16 PM Anonymous Says:
omg this attempted murder, how disgusting!! and this guy wants to do rabbonis /dayanus what did our world come to, no respect for a human being? i am sick to my stomach....this vermon of a person should be a garbage collector (sorry for embarassing all the good honest collectors)
17
Jul 13, 2009 at 03:00 PM Avreme'le Says:
How odd that readers here reach conclusions on the basis of a slanted (anti-dati) half-page newspaper article, when Judge Drori wrote over 300 pages, citing Jewish Law of Teshuva (Rambam, etc.), etc. By the way, Judge Drori is dati.
18
Jul 13, 2009 at 03:04 PM Anonymous Says:
This article only reinforces the point that rabbinical courts are ill suited to adjudicate these types of criminial matters and their lack of transparency only compounds the problem. All these postings bashing the rabbonim are not appropriate. Rather, we should assume that rabbinical courts will be politicized (because the medinah has politicized the "chief rabbinate" that appoints these beth dins) and only through an independent civil court system will we get fair and equitable outcomes where a "rabbinical student" and arab street cleaner or parking lot attendant will be treated equally as they should.
19
Jul 14, 2009 at 03:19 AM esther Says:
why the rush to judge another yid,especially during the 3 weeks,especially considering the source of the story.
20
Jul 14, 2009 at 02:52 AM Theophrastus Says:
“ am I the only one who thinks there is more to the story than what the left leaning jpost is telling us?? I certainly do!
”
Oh yes, there is certainly more to this story than jpost is telling you. But NOT in the direction you think. First of all this guy was caught lifting stuff from a supermarket in the past (BEFORE this incident); the same arguments where then given (he has done tshuvah, etc etc) and the slate was wiped cleaned with community work. Secondly, AFTER he ran down the woman his license was supspended for 4 years. He was then stopped for driving without a seat belt and the cop discovered his license was suspended. The reason some people went to bat for him is simple: His father is a "Gadol" (albeit sepharadi) and he comes from a "choshoveh mishpacha" (albeit sepharadi). The judge was simply a jerk, he succumbed to the pressure applied to him because he himself is frum. So if you see everything as a zionist conspiracy you can talk about "the left leaning jpost" not telling us stuff. And unless you think it is alright to run down a women and leave the scene, simply because she is just an Ethiopean, then you have to come to the conclusion that this guy should be off the streets and sitting in the hoosegow for a couple years - in the EY equivalent of Otisville, of course.
21
Jul 14, 2009 at 08:50 AM Source Says:
“ Oh yes, there is certainly more to this story than jpost is telling you. But NOT in the direction you think. First of all this guy was caught lifting stuff from a supermarket in the past (BEFORE this incident); the same arguments where then given (he has done tshuvah, etc etc) and the slate was wiped cleaned with community work. Secondly, AFTER he ran down the woman his license was supspended for 4 years. He was then stopped for driving without a seat belt and the cop discovered his license was suspended. The reason some people went to bat for him is simple: His father is a "Gadol" (albeit sepharadi) and he comes from a "choshoveh mishpacha" (albeit sepharadi). The judge was simply a jerk, he succumbed to the pressure applied to him because he himself is frum. So if you see everything as a zionist conspiracy you can talk about "the left leaning jpost" not telling us stuff. And unless you think it is alright to run down a women and leave the scene, simply because she is just an Ethiopean, then you have to come to the conclusion that this guy should be off the streets and sitting in the hoosegow for a couple years - in the EY equivalent of Otisville, of course. ”
Where do you get your information?
22
Jul 14, 2009 at 09:33 AM Theorphrastus Says:
“ Where do you get your information? ”
I'll let you in on a little secret: I can read Hebrew. The courtroom protocols can be read on line. An example, not denied by the defendent's attorney (I hope you can read a little lashon kodesh):
מודה המשיב על אירוע שקרה ב- 18.8.05 שזה מספר חודשים לפני האירוע שבגינו המשיב הגיע היום לבית המשפט העליון וזה אירוע של גניבה מסופר.
Sorry, but all the facts are out there, and not denied. The only question is how much rachmoooooonis do we have to show for a heimishe erliche bochur from an erlich heimishe mishpooocha who runs down a women because she is in his way. Drori thinks 300 pages worth of rachmoooooonis. And if you don't agree you are obviously a dirty zionist swine.
23
Jul 14, 2009 at 12:41 PM Anonymous Says:
“ Oh yes, there is certainly more to this story than jpost is telling you. But NOT in the direction you think. First of all this guy was caught lifting stuff from a supermarket in the past (BEFORE this incident); the same arguments where then given (he has done tshuvah, etc etc) and the slate was wiped cleaned with community work. Secondly, AFTER he ran down the woman his license was supspended for 4 years. He was then stopped for driving without a seat belt and the cop discovered his license was suspended. The reason some people went to bat for him is simple: His father is a "Gadol" (albeit sepharadi) and he comes from a "choshoveh mishpacha" (albeit sepharadi). The judge was simply a jerk, he succumbed to the pressure applied to him because he himself is frum. So if you see everything as a zionist conspiracy you can talk about "the left leaning jpost" not telling us stuff. And unless you think it is alright to run down a women and leave the scene, simply because she is just an Ethiopean, then you have to come to the conclusion that this guy should be off the streets and sitting in the hoosegow for a couple years - in the EY equivalent of Otisville, of course. ”
what does his being Sephardi have to do with anything? He may come from the finest of families, but the bottom line is that he broke the law.
24
Jul 14, 2009 at 12:51 PM Raphael Kaufman Says:
“ If the facts stated in the article are true, then I think it's open and shut that this student should be kept away from a bet din at all costs. As a previous poster put it, however, there has got to be another side to this story. I'd like to find out what it is? ”
For you and #5: Your desire to be dan l'kav zechus is admiralbe, however the facts are not in dispute. The fellow did do the acts for which he was initially arrested and admitted so doing. There isn't another side to this story. the issue is whether or not this fellow should be placed in in a position of great authority and resposibility.
25
Jul 14, 2009 at 02:22 PM avf Says:
the women said in court:
"Zoraish, who spoke to the court at the end of the hearing, broke into tears and said, "He asked forgiveness from me in court and I forgave him. His apology was not genuine. I was hurt. He hurt me. He threw me off the car. Today, I understand that I should not have forgiven him.
"This man has said very bad things about me. If he were to ask me again today for forgiveness, I would not do so."
26
Jul 14, 2009 at 08:06 PM Anonymous Says:
According to other stories in the Israeli media, the woman, who had undergone the same conversion that had been required of Ethiopian immigrants by the Rabbinate, had her conversion revoked after the incident.