A court in Lyon, France, has begun its trial against a 55-year-old man to see whether antisemitism was a motive in the murder of an 89-year-old Jewish neighbor in 2022.
While the defendant, Rachid Kheniche, denies antisemitic motivation, he has so far been charged with aggravated murder because of the victim's religion.
The incident took place in May 2022, when Kheniche threw his neighbour, René Hadjadj, 89, from the 17th floor of his building. Kheniche admitted to the act, but said he was having a paranoid attack on the day of the murder. Nevertheless, following two psychiatric assessments, Kheniche was found to be criminally responsible.
The murder is recognized, the antisemitic character is challenged
"The murder itself is recognized, it is the antisemitic character that is contested [by the defendant]," defense lawyer Océane Pilloix, told AFP.
"The anti-Jewish character is totally proven, materially and morally," said Franck Serfati, a lawyer for two Jewish associations that have filed civil suits: the National Bureau of Vigilance against Antisemitism and the Jewish Observatory of France. The League against Racism and Anti-Semitism (Licra) and the Representative Council of Jewish Institutions in France (CRIF) are also being represented in court.
Sefarti added that Kheniche was a neighbour Hadjadj knew closely. "He knew he was Jewish; he attacked him because he was Jewish," says Serfati.
Sefarti also drew comparisons with the murder of Sarah Halimi, a Jewish woman in her sixties who was killed in 2017 in Paris by her 27-year-old Muslim neighbour. In what was an extremely controversial ruling by France's Supreme Court of Appeals, the murderer, Kobili Traore, was found to be not criminally responsible for his actions because he smoked marijuana prior to the crime.
The decision was widely considered to be a miscarriage of justice and sparked protests across the world.
The Jerusalem Post reached out to the Rhone Court for comment.