The soldier whose name is blocked from publication by a gag order, the soldier who shot a wounded terrorist minutes after an attack in Chevron on Purim was back in court.
The defense attorney told the court on Tuesday, 26 Adar-II that his client fired at the wounded terrorist for one reason, because he feared he had a bomb vest under his garment. He explained the soldier’s hands had the blood on them from his wounded friend and he had a split second to decide how to react.
The military prosecutor however appears determined to push ahead with a manslaughter indictment, telling the court that evidence shows there was no imminent threat and the soldier was heard saying that anyone who tries to kill soldiers “has no right to live”. The prosecutor insists that the soldier did not act out of a belief that he and others around him were in a life-threatening situation.
The soldier however told the court that the terrorist was moving and he realized he was still alive and fear of the bomb vest compelled him to verify the kill to eliminate the threat. He pointed out if the wounded terrorist had indeed had an explosive belt he would not be in court.
The prosecution also objects to the soldier remaining under house arrest in his base, requesting to have him incarcerated in an IDF prison pending the outcome of the trial.
The soldier’s battalion commander told the court that in his training, the defendant was not rehearsed for such a scenario; a wounded terrorist carrying an explosive vest.
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