Tuesday, January 19, 2016

Moshe Feigln: Overhaul Justice System to Reflect Public Values

“I dug beneath the surface of the Zadorov story, and found many inconsistencies,” said Moshe Feiglin in a radio interview after a rally protesting Zadarov’s continued incarceration for a murder that he very well may not have committed. “For example, the unbelievable attempt by the prosecution to prevent the Deputy Chief of the Pathology Institute from testifying. That is incredible. The system prevented a professional from presenting testimony liable to disprove the conviction,” said Feiglin about Zadarov’s conviction for the murder of schoolgirl Tair Rada in her school in Katzrin nine years ago. “The way that the justice system is presently built, justice cannot be done. This is particularly true of the manner in which the Zadarov investigation and prosecution were conducted,” Feiglin continued.

“I do not know if Zadarov is guilty or innocent,” said Feiglin. “But there is more than a reasonable doubt. A jury would have acquitted him. No jury that was devoid of ulterior motives would have been convinced beyond reasonable doubt that Zadarov is guilty.”

“If the High Court judges who rejected Zadarov’s appeal would be committed to the general public, I have no doubt that their decision would have been different,” Feiglin pointed out. “But because this is a system that appoints itself and clones itself and its values, consciously or subconsciously – the prestige of the entire system takes precedence over justice. That is the reason why Zadorov is still in prison.”

“Due to the fact that there is no public hearing when a new judge is elected, the justice system does not reflect the public and its values,” Feiglin noted. “The justice system perpetuates itself. The continued hegemony of the system is its most supreme interest – before serving justice. When there are cases upon which the entire prestige of the system depends, there are no acquittals.”

“The way to rectify this situation is to ensure that the High Court justices, who are at the top of the justice system and influence both the prosecution and police below it – will be committed to the public and not to themselves,” Feiglin concluded.

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