Murder of Yamnu Zalka: Prosecution rejects mediation, citing public importance

The Central District Court has rejected a request to refer to mediation the case of a 15-year-old minor with no prior criminal record, who is accused of the reckless murder of the late Yamnu Zalka.

The request, filed by the minor's defense attorney, sought to avoid the complex evidentiary hearing expected in the case. According to the defense, this process will be lengthy due to the large number of prosecution witnesses and the defense's intention to call approximately 20 witnesses, including experts. The minor has been in custody since his arrest last April.

Conversely, the State Attorney's Office notified the court of its firm opposition to the mediation request. The prosecution, represented by attorneys Ran Biran and Idit Lavari, argued that the case is of great public importance and that there is a significant public interest in exhausting the search for the truth within the framework of a standard criminal trial.

The prosecution noted that while a substantive and in-depth dialogue took place between the parties, the gaps between their positions remain wide. After reviewing the State Attorney's directives regarding criminal mediation policy, the office concluded that there is no basis for referring the case to mediation.

Attorney Avi Cohen, who has represented clients in other high-profile cases, including the 512 affair and the trial of Asi Abutbul, expressed astonishment at the prosecution's refusal. He argued that the prosecution had agreed to mediation in all his previous prominent cases, noting that to his knowledge, the only other case where the state refused mediation was that of Prime Minister Benjamin Netanyahu.

"I asked the court to refer the defendant's matter to a mediating judge to avoid an evidentiary hearing that will be legally complex and time-consuming. To my astonishment, the prosecution refused on the grounds that it is a 'high-profile' case of great public importance. With all due respect, why is the prosecution afraid of mediation? Why does it not trust the mediating judge, who can only provide recommendations and cannot force any outcome?" Cohen stated.

Ultimately, Judge Ami Kobo ruled in favor of the prosecution. In his decision, he determined that in light of the prosecution's position, "there is no place at this stage to refer the parties to a mediation process," and ordered the parties to continue negotiations independently. Consequently, the full criminal proceedings against the minor in juvenile court, including the lengthy evidentiary hearing, will proceed as scheduled.