High Court upholds refusenik's petition, cancels punishment

[sharonbn]

http://www.haaretz.com/hasen/spages/526536.html

In a surprise ruling last night, the High Court of Justice upheld the petition of Yitzhar resident Staff Sergeant Yossi Pilant against his court martial and the subsequent decision to sentence him to 28 days in detention, canceling his punishment

Pilant was court martialed after he showed up last week at an illegal outpost adjacent to Yitzhar in uniform, and tried to convince other soldiers not to take part in the evacuation and to disobey orders.

In a majority ruling, Justices Edmond Levy and Elyakim Rubinstein, contrary to the opinion of Justice Mishael Cheshin, said the Israel Defense Forces could choose to retry Filant, if it wanted to, in light of the substantial flaws found in the judicial process.

Levy and Rubinstein ruled that among the flaws in the process were the fact that the military court gave no reasoning for its verdict and punishment, and the fact that "the complaint sheet was completely blank."

Cheshin agreed that the judicial process had been flawed, but noted that the problems were not severe enough to have caused a miscarriage of justice.

[sharonbn]

what?
The supreme high court? the same biased supreme high court? one of the pillars of the "secrative left conspiracy" has decided to release the first right refusnik?
nah... must be another Haaretz propaganda shtick :rolleyes:

[Ophra]

...... :eek: :D

[Mediocrates]

what?
The supreme high court? the same biased supreme high court? one of the pillars of the "secrative left conspiracy" has decided to release the first right refusnik?
nah... must be another Haaretz propaganda shtick :rolleyes:

So you're angry about laws, diversity and plualrism then, ok.

[sharonbn]

So you're angry about laws, diversity and plualrism then, ok.
typical irrelevant right wing bashing.

If the supreme court had ruled dufferently, then all the right whiners would yell that it is another biased decision by the left-controlled court.

but now that the supreme court had ruled in favor of the settlers, it is all of the sudden the guardian of the "laws, diversity and plualrism", and on top of it all you shoot the messanger.

like I said, don't let the facts get in your typical reponse.

[Mediocrates]

So which is it that you want? laws that go your way or rule of law? You seem to imply that 'law' is kind of a crapshoot. Is it? Are you ashamed of your courts, proud or just sanguine?


I would add that your country is very unique in that anyone can petition the court on any issue even if they are not directly impugned by it - which is both a an advantage and a liability in that the court can be highly politicized on each case.

[sharonbn]

I accept the supreme court as a law enforcing entity and respect its decisions.
This is by no means the common view in the extreme right and haredi circles.

[eyl]

Well, he was retried today (the charge was changed to "conduct unbecoming") and sentenced to 28 days in prison (Hebrew Link (http://www.ynet.co.il/articles/0,7340,L-3037104,00.html))