The Ofer Base military appellate court has overturned the 2003 conviction of Jamal Tirawi, a former member of the Palestinian security forces who was sentenced to 30 years in prison for his part in a deadly terror attack in a Tel Aviv coffee shop in 2002. Tirawi, 47, was arrested in 2007 in Nablus and was convicted of sending a suicide bomber to My Coffee Shop, a popular caf on Allenby Street, in the heart of Tel Aviv, on March 30, 2002. Al-Aqsa Martyrs' Brigades, Fatah's military wing, claimed responsibility for the deadly attack, which killed one woman and wounded 32 other people. In an unprecedented ruling on Monday, the court overturned Tirawi's conviction and ordered authorities to set him free, citing the state's failure to adhere to a pardon agreement signed with the Palestinian Authority, which effectively removed dozens of Palestinians, including Tirawi, from Israel's most-wanted list. The court ruled that Tirawi's arrest was in violation of that agreement and was illegal. According to Channel 2, the court leveled harsh criticism at the state for failing to meet the obligations stated in its agreement with the Palestinian Authority. "Despite the prosecution's solid case and the fact that several grave offenses were attributed [to Tirawi], one cannot overlook the authorities' unjustifiable dismissal of the agreement that had been reached in his case, and their infringements of his rights," the court said. "Unfortunately, one cannot say that the [state] acted in good faith in this case." "This is a brave, unprecedented ruling by the military appellate court," said attorney Avigdor Feldman, who represented Tirawi in the proceedings. "With this, the court ruled that the need to maintain the state's credibility supersedes the principle of exhausting all legal measures against serious offenders, including terrorists." The IDF Spokesperson's Unit said, "The Military Prosecution will study the appellate court's ruling and if need be, it will draw the necessary conclusions." Once the ruling was read, Tirawi asked to address the court.
"This ruling proves that Israelis and Palestinians are meant to live side by side in peace," Channel 2 quoted him as saying.
Court overturns terrorist's 30-year prison sentence over technicality
Military appellate court deems arrest of Jamal Tirawi, who was convicted of planning a 2002 suicide attack in Tel Aviv, as illegal over state's failure to adhere to pardon deal signed with PA, which included him • "This is a brave ruling," his lawyer says.
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