Court Rejects Police Request for Autopsy of Osher Kadosh
The Be'er Sheva Magistrate's Court denied a police request to perform an autopsy on Osher Kadosh, who was shot to death in Netivot. The judge ruled that a CT scan and external examination were sufficient, criticizing the State Attorney's Office for failing to properly review the case.
The Magistrate's Court in Be'er Sheva rejected the police's request to perform an autopsy on the body of Osher Kadosh, 36, from Netivot, who was murdered on Saturday night in a shooting incident. Judge Ido Kafkafi ordered the release of the body for burial after conducting only external examinations and alternative procedures.
Kadosh was shot to death on Even Danan Street in Netivot. MADA teams called to the scene declared his death, and the police opened an investigation. According to investigators, the motive for the murder was a criminal conflict. Kadosh, who had moved to Netivot from Be'er Sheva in recent years, was known to the police and had a criminal record involving violent crimes and drugs.
The hearing took place following the family's opposition to the autopsy, represented by attorney Ashraf Shahada. During the proceedings, an opinion from the National Center of Forensic Medicine was presented, but the judge determined there was no cause justifying a full autopsy.
In his decision, the judge criticized the conduct of the State Attorney's Office:
"It seems that the case at hand demonstrates that the matter was not examined by a senior official in the State Attorney's Office, in light of the explicit rulings of the Supreme Court over the years."
The judge determined that it is sufficient to rely on external examinations, a CT scan, and targeted needle aspiration to clarify the circumstances of death, noting that no factual or legal basis justifying an autopsy had been established.
ZAKA, which accompanied the family during the legal process, welcomed the decision. Rabbi Shnir Elmalich, a representative of the organization's legal department, stated that the court accepted the family's position. According to him, the ruling reflects established case law, which dictates that an autopsy cannot be ordered without a necessary factual and legal basis.
Michael Gutwein, director of the legal department at ZAKA, added that the organization will continue to assist families in cases where unnecessary autopsies are requested.
