28.03.2000|Judgment|Judgment / Magistrate's Court

CC (Jeruslaem) 4350/97 - Abu Hassan v. Kusayev et al. Judgment

Court rejected a claim filed by a Palestinian and his son due to soldiers' abuse. In the Judge's view, filing the claim so late was done in bad faith, possibly in the hopes that the Defendants would be unable to prove their defense. The Judge called the Plaintiffs' claim that the residents of the village agreed on a truce with the military that day absurd. He did not attribute importance to the uncoordinated entry of the military jeep into the village, for which the Defendant was tried in disciplinary court, and rejected the claim that his entry was a provocation. This despite the fact that he agreed that prior to the military's entry, the village was quiet. The Judge did not accept the testimonies of the Plaintiffs and their witnesses regarding the abuse by the soldiers and claimed that they were coordinated in advance. Inconsistencies in the testimonies revealed, so he stated, a lack of credibility. He attributed inconsistencies found in the soldiers' testimonies to poor memory.