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18 Teves 5768 - December 27, 2007 | Mordecai Plaut, director Published Weekly
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NEWS
MK Gafni Says Knesset Would Intervene If Highly Unreasonable Court Rulings Become More Common

By Eliezer Rauchberger

"A law should be legislated regarding judicial discretion in sentencing, which would promote uniformity and consistency in court rulings in Israel," said Knesset Constitution Committee Chairman MK Menachem Ben Sasson (Kadima) on Monday during a committee meeting initiated by MK Rabbi Moshe Gafni to discuss sentencing in Israeli courts.

Rabbi Gafni claimed that there are cases in which judges mete out extreme and unreasonable punishments that go far beyond accepted norms. As an example he cited the case of a small grocery store owner, a chareidi man from Lod, who committed a minor crime that posed no danger. "If the court system does not dismiss judges whose rulings and conduct in the courtroom do not befit their post, the Knesset will be forced to intervene and do this in its stead," said Rabbi Gafni. "I hope the legal system checks itself and corrects the aberrations. If cases like the one that occurred recently happen more frequently, there will be no alternative to Knesset legislation. I certainly hope it doesn't come to that."

Judge Amnon Cohen, president of the Jerusalem Magistrate Court, said, "If the Knesset interferes with judicial discretion that will be a very black day." He said it should be kept in mind that every individual has the right to appeal to a higher court, and can even file a request for a second appeal. Also, if a judge acts in an unseemly manner a complaint against him can be filed with the Judicial Grievance Commission. Cohen says there have been cases in which judges have been dismissed, but it has been done without fanfare and publicity.

 

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