Wednesday, July 29, 2009
Terror Victim’s Brother’s Protest: Won’t Testify in Murderer’s Trial
Av 8, 5769, 29 July 09 11:50
by Hillel Fendel
(Israelnationalnews.com) Adam Nativ, whose younger brother Shlomo was axed to death by a Palestinian terrorist in Gush Etzion earlier this year, refuses to testify at the murderer’s trial.
Adam, in his late 20’s, took part in the chase after the murderer, who managed to escape; security forces apprehended him over three weeks later.
The axe-wielding terrorist ran into a playground, murdered 16-year-old Shlomo Nativ, and then severely wounded 8-year-old Yair Gamliel – whose father Ofer is serving a 15-year prison sentence for having planned a vengeance attack against an Arab target.
Adam, older brother of Shlomo, was called upon to testify in the trial against the terrorist – but has refused. In a sharp letter to the IDF Military Prosecution, he explained that this is his protest against the manner in which the case is being handled – and against the continued incarceration of Ofer Gamliel.
After his refusal to testify, Adam was informed that the defense, as well, will not call witnesses, and the trial will take place without witnesses.
Adam’s letter to the Prosecution states:
I am Adam Nativ, brother of Shlomo, may G-d avenge his blood. We were a cohesive and happy family until that black and bitter day when a cruel murderer infiltrated our town and murdered my brother in cold blood and smashed the skull of 8-year-old Yair Gamliel near our home. Our lives since then have not returned to normal.
I was summoned to testify today in the trial of the wretched murderer, because of my participation in the chase after him – when I still did not know that Shlomo was bleeding to death and Yair was fighting for his life. After such a cruel murder, and the ease with which it was perpetrated in broad daylight in the middle of our town, I had hoped that the State would seek full justice against its enemies and those who murder its sons, in order to punish and deter all other potential murderers.
However, in my previous discussions with you, I was made to understand that this is not your intention.
How can I come and take part in this trial when the appropriate punishment according to law is the death sentence, yet you do not intend to demand this punishment?
How can I come and take part in this trial when I know that even his house stands untouched, with life continuing there as usual, and you have no intention of razing it?
How can I come and take part in this trial when it is likely that he will receive a prison sentence with conditions enabling him to live as a hero, to complete his education, and receive canteen money?
How can I come and take part in this trial when we know that gestures and deals are made, and therefore the chances are that this murderer will be released from prison even before the release of Yair Gamliel’s father, who received the absolute maximum sentence for his thoughts?
As a victim and member of our family, for whom standing before the murderer during the trial is difficult in any event, I am not willing to take part in this fake show, in which you are fail to fulfill your rights and obligations. Your position is essentially a form of absolution of the murderer’s guilt and contributes towards the encouragement of additional murders of this type, and shakes my trust in the law enforcement system and its objective.
My brother’s blood is crying out to us from the earth!
I close with the blessing from our daily prayers: May our judges be restored as of yore,
in the name of the Nativ family