6 Years Later: Verdict in Case of Prominent Anti-Netanyahu Protest Activist

Six years after the stormy clashes at the protests on Balfour Street, the court has ruled that protest activist Yishai Hadas will be acquitted of the offenses of assaulting Rami Ben Yehuda and behavior likely to breach the public peace, but will be convicted of attempted malicious damage to property and threats.

The judge determined that the evidence does not allow for a determination beyond a reasonable doubt that the defendant assaulted the complainant, but found that he threw the loudspeaker with the intent that it be damaged and that his statement about breaking another complainant's leg constituted a criminal threat. The sentencing hearing will take place in about three months.

According to the amended indictment, the first charge dealt with a confrontation that developed between Hadas, who was among the protesters against the Prime Minister, and Rahamim Ben Yehuda, who was among his supporters. It is alleged that after the complainant used a loudspeaker during the protest, Hadas crossed the road, took the loudspeaker from his hands, and threw it onto the road with the intent to cause it damage.

"I will break his leg"

It was further alleged that when the complainant tried to retrieve the loudspeaker, Hadas blocked his path, pushed him, and prevented him from taking the equipment, and during the commotion, the complainant sustained an injury. In the second charge, it was alleged that about a month later, when asked to move his vehicle that was parked on a sidewalk on Ramban Street in Jerusalem, he said to another complainant: "He wants me to break his leg, like his friend's."

The prosecution requested to convict Hadas of all the offenses attributed to him. It relied on his admissions that he threw the loudspeaker, on the testimonies of the complainants and eyewitnesses, on video documentation of the events, and on medical documents. The defense argued that the versions of the prosecution witnesses should not be trusted and that the video submitted to the court does not document the beginning of the event.

"I threw it in the air"

The judge determined that there is no dispute that Hadas threw the loudspeaker, and even mentioned that the defendant admitted to this repeatedly both in his interrogations and in court. The judge emphasized that even if the loudspeaker did not actually break, it is sufficient that the defendant sought to bring about the cessation of its operation by throwing it to establish the offense of attempted malicious damage to property.

In contrast, regarding the assault offense, the court found a series of evidentiary difficulties. The judge examined the testimonies of the eyewitnesses and the complainant and determined that some of them described mutual pushing, some did not know how to say who started the physical contact, and some of the testimonies were general or inconsistent.

"Reasonable doubt"

It was further determined that the videos do not document the beginning of the event, and therefore do not allow for a determination that it was specifically Hadas who assaulted the complainant. For the same reasons, Hadas was also acquitted of the offense of behavior likely to breach the public peace. The judge noted that the commotion included many participants from both sides and that it cannot be determined that the defendant breached the public peace in a way that justifies putting him specifically on trial.

Regarding the second charge, the judge determined that Hadas's statement "he wants me to break his leg too, like his friend's" constitutes a criminal threat. The verdict emphasized that the question is not whether the complainant actually felt threatened, but whether it is a statement that has the potential to intimidate a reasonable person, rejecting the defense's claim of sarcasm.