Right-wing extremist, charged with assaulting policeman, wasn't informed of hearing in advance.
By DAN IZENBERGsettlers rebuild federman farm 224.88(photo credit: Tovah Lazaroff)
For the second time in less than two weeks, a foul-up by law enforcement authorities on Thursday enabled right-wing extremist Noam Federman, who is charged with assaulting a policeman in aggravated circumstances, to go home without any restrictions.
This time it turned out that the prosecution had failed to notify Federman that he was to be brought to trial in Jerusalem Magistrate's Court on Thursday morning and that it intended to ask for a court order barring him from entering the West Bank.
On October 26, the authorities had to let Federman go without any restrictions because the judge on duty that evening had gone home early, even though earlier in the day the court had scheduled an 8 p.m. hearing on the state's request to extend his remand in custody.
On Wednesday, the state filed an indictment against Federman, accusing him of hitting a policeman and interfering with policemen in the line of duty. The charges have to do with events at the illegal building erected by Federman and singer Sinai Tor near Givat Harsina in Hebron. The police arrived at the house early on October 26 with a demolition order and arrested Federman after he allegedly ignored it.
"When he did not obey the orders of the police commander and continued walking [towards the house], the commander informed him that he was arrested," the indictment said. "Then the defendant started to go wild and pushed the commander who, in response, ordered other policemen to remove him from the site."
Federman allegedly continued to resist arrest, even after he was handcuffed on the way to the police van, and kicked another policeman after his handcuffs were removed in the van.
Along with the indictment, the prosecution asked the court to issue a restraining order prohibiting Federman from entering the West Bank.
The prosecution pointed out that Federman had already been convicted 12 times on dozens of charges and that he was currently awaiting the court's ruling on another indictment. It added that Federman had returned to the site of the demolished home several times since October 26 and that there was still much tension at the site between the settlers and police.
However, Judge Shlomit Dotan erased the state's request for a restraining order on the grounds that it had not informed Federman in advance of the hearing. The prosecution said the writ had been given to his wife, Elisheva. But Dotan severely reprimanded the state, saying, "I don't understand what they were thinking, not to provide the defendant with a copy of the restraining order and the indictment. It isn't clear to me what they were thinking. That the court schedules a hearing so that the state can present the request and the indictment then? Is that what this hearing is supposed to be for?"
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