A series of police failures in a case of assault on a minor: "Gross negligence, the offender benefited"
A chain of errors led to the fact that a defendant accused of assaulting a minor was not brought to trial four years after the incident. An indictment was deleted, the defendant managed to leave the country, and even upon his return, nothing was done about the matter for about 15 months. "This may have consequences for the minor and his family," the ombudsman determined.
A series of serious failures in the conduct of the police led to the fact that the proceedings against a defendant accused of assaulting a minor, which began as early as 2022, have not yet reached a court hearing - and their conclusion is not in sight. This emerges from several decision summaries published today (Sunday) regarding complaints recently received by the Commission for Complaints against Public Prosecutors.
The Ombudsman, retired judge Menachem Finkelstein, described the conduct as "gross negligence" and determined that following the failures of the prosecution, the accused attacker "benefited."
The proceedings began about four years ago, when a father filed a complaint on behalf of his minor son who was assaulted. However, the negligence of the police prosecution led to the fact that, although the police filed charges, the defendant managed to leave the country and did not appear for scheduled hearings. During the investigation, the Ombudsman found several failures, including the deletion of the indictment because the defendant was not located, and a 15-month delay in resuming proceedings after the defendant returned to Israel, which was described as a "mistake."
"This is gross negligence, which could have many consequences for the injured minor, his family, and also on the ability to conduct the legal proceedings against the defendant," the Ombudsman determined.
In another case handled by Ombudsman Finkelstein, it turned out that sensitive materials from the Jerusalem District Attorney's Office were taken out of the office by a former intern without authority. The intern, who had since become a prosecutor, transferred the materials to another person using a portable storage device.
Another complaint that was found justified was filed against a municipal prosecutor who canceled a fine and converted it into a warning notice for a business owned by her relative. The Ombudsman determined that in accordance with the rules prohibiting conflicts of interest, the prosecutor should have refrained from dealing with the request and authorized a prosecutor from another authority to handle it.
