Ashkelon, Israel – Because of problems providing evidence, two of the men charged in the murder of Ziona Samin, the wife of a prominent rabbi in Ashkelon, were convicted as part of a plea bargain on lesser counts and thus issued lighter sentences.
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The Beersheba District Court handed down an 11-year prison sentence on Tuesday to Igor Kigelman, convicted of aiding and abetting manslaughter and aggravated robbery. Michael Rabaiev was sentenced to two years for conspiring to commit a crime in the same incident.
The sentence was formulated after a plea bargain was signed by the two defendants since the Southern District Prosecution believed it would not be able to prove that they murdered the rabbanit a year and a half ago due to difficulties that presented themselves with the evidence.
An updated indictment was issued against the two men, who were originally charged with murder. Kigelman and Rabaiev confessed to the charges made in the second indictment.
“After hearing the evidence in the case, the prosecution believes that it will not be possible to prove the original charges attributed to the defendants,” said representative of the Southern District Prosecution, Attorney Elizabeth Avraham.
“The bargain was brought before the family of the deceased, and they, of course, opposed it. However, despite their opposition, it was explained to them that the bargain was made on the basis of evidentiary difficulties that were else revealed during the hearings,” explained Avraham.
A panel of three judges, including Natan Zlotchover, Zila Zfat, and led by Vice President Baruch Azulay, decided to accept the plea bargain. They issued the conviction and the sentence on Tuesday.
The trial against the main defendant in the case, Norair Pardain, who did confess to the charges against him during proceedings, is still underway. He is being charged with murder, exacerbated robbery, and breaking and entering.
They are better off getting a plea deal that will result in a short prison sentence than having these two go free which was the likley alternative had the case gone to a final trial and judgement.