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Is the beating him because he is not an Arab not to be considered? Will shooting on a vehicle whose language of its passengers is not known no longer be considered a nationalist attack?</small></blockquote></ref>
 
Is the beating him because he is not an Arab not to be considered? Will shooting on a vehicle whose language of its passengers is not known no longer be considered a nationalist attack?</small></blockquote></ref>
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*An Arab, Abu Habib, who participated in the lynching of a Jew in Acre on May 12, 2021, threw stones at him from point blank range, was charged with aggrevated assault on racist motive. The judge on the attacker: "went out to fight against Jews." (Though he acquitted him on attended murder charges, which it was criticized for).<ref>[https://www.inn.co.il/news/613243 An Arab tried to murder with a stone and will not be convicted of attempted murder.  The judge on the attacker: "went out to fight against Jews"], ''INN'', Channel 7, 21 in Elul, 5783, September 7, 2023.
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<blockquote><small>The District Court in Haifa ruled that an Arab who participated in the lynching of Mordechai Katz in Acre will not be convicted of attempted murder.
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The district court in Haifa this morning (Thursday) convicted Habib Abu Habib who participated in the brutal lynching of Mordechai Katz in Acre during the Guardian of the Walls operation and threw stones at him from point blank range for a terrorist act of aggravated assault only and not for the crime of attempted murder.
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Habib was also convicted of the offenses of attempted injury under aggravated circumstances with a racial motive and rioting.
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In the verdict, the judges described the brutal lynching in which Habib participated: "On May 12, 21, the defendant joined masked Arab youths and together they threw stones at Jews who were passing by. At the same time, the complainant participated in a procession in a nearby street and at one point groups of young Jews and Arabs began throwing stones at one another  Towards the second. The complainant who felt danger decided to leave the place."
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"While the complainant was running in the street, the accused noticed him while holding a stone, took another stone from the road, ran towards him and from a distance of two meters threw the stone forcefully at the upper body of the complainant. As a result of one of the stones hitting his head, the complainant fell to the ground. At that time at least six Arab rioters beat  him using stones, sticks and kicks in all parts of his body, and the accused stood over the complainant and threw another stone at him. Jewish citizens came to the complainant's aid, as well as a police officer who shot into the air in order to keep the rioters away from the complainant, and thus the accused and the others stopped beating the complainant and fled the scene."
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The court acquitted Abu Habib of the terrorist act of attempted murder, this after the court determined that there is reasonable doubt as to the existence of the mental element necessary for a conviction of attempted murder. In addition, it was proven beyond reasonable doubt that the defendant's actions establish the offense of aggravated assault with intent.
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In relation to the issue of the act of terrorism, Judge Yehiel Lifshitz noted in the judgment that "the defendant and other rioters like him are the ones who hindered the Israel Police from maintaining order. In other words, the defendant and his ilk were the cause of the disorder and riots; the cause and not the result. It is clear that when the defendant went out into the street, he  He went to battle; and the 'battle' was against the Jews, who according to him came to harass the Arab residents of Acre."
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The judge also wrote: "This is someone who 'looks for trouble' and does not shy away from finding it again and again, in front of the police forces and in front of Jews that he sought to confront because of their Jewishness and not for any other reason."
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Attorney Haim Bleicher from the Honenu organization representing Mordechai Katz responded to the verdict and said: "The terrorist hit Mordechai with a rock and after Mordechai was lying on the ground unconscious, the terrorist grabbed another rock in his hand and threw it forcefully at the wounded man.  But miraculously the stone missed Mordechai and did not worsen his condition to a more difficult or even fatal outcome."
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"We regret the verdict that did not convict him of attempted murder. The facts of the case are before the panel of judges and the actions of the accused are unequivocal and we expect that during the sentencing phase the terrorist will be given a severe punishment since even for the current offense he can be sentenced to 25 years in prison. We thank the prosecutor's office and especially Attorney Ohad  Cohen who went all the way in demanding the conviction of the terrorist for attempted murder.  We will continue to come to discussions and demand justice with the terrorists."
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Mordechai Katz attacked the judges' decision and said: "After I was not ready for about two years to reach a plea agreement thanks to Ohad Cohen, the attorney who respected my wishes, the court ruled that such a brutal and deadly attack is not attempted murder. If it is not attempted murder, then what is attempted murder? If  Police officer Moshe Shelley, Chen Cohen and other citizens would not have come. It is clear to everyone that the terrorists would not have given me first aid."
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"Only one terrorist out of the whole murderous gang that attacked me. Does the court really want to fight terrorism or just mark a V? When the court wants to, it can. I leave with the feeling that the court is not doing everything it can or that it simply does not really want to eradicate terrorism."</small></blockquote></ref>
     
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