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The State Prosecutor's Office petitioned the High Court of Justice this morning to block the release of the Jewish minor on trial for the murder of a Palestinian woman last October.
Earlier today, the Lod District Court surprised the state by deciding to release the minor, whose identity is under a gag order.
The surprise decision came on the same day because it was publicly revealed that the state's legal expert, Chen Kugel, contradicted aspects of his case, mainly on the grounds that he did not believe that the Palestinian woman, Aisha Rabi, had been killed by Sela.
According to the indictment filed by the state against the minor in January – based on finding the child's DNA on a rock found on the spot – a rock that killed a minor Rabbi.
The Jerusalem Post reported that the state claims that Kugel did not rule out that the minor's DNA was on the rock, did not rule out most of the state's narrative of killing a rabbi, and did not provide an alternative explanation of what killed Rabbi except for the rock.
In addition, the Pat reported that the state would argue that a Palestinian medical opinion supporting the state's theory that the rock had killed Rabi should overcome Kugel's opinion on this matter, since the Palestinian expert had access to her body, while Kugel had only access to the photographs.
Despite the claims of the state, the revelation that Kugel contradicts the central aspect of the case could lead to the release of the minor in the very near future – in the absence of the Supreme Court in reverse – and could even eventually undermine the whole matter.
This would be a particularly embarrassing outcome for the prosecutor's office, especially when only a few days ago she celebrated a court verdict recognizing 16 pieces of evidence that help prove the case.
The court's decision on Tuesday was classified, so it was not clear whether Kugel's opinion changed the general opinion of the court, or how the court weighed the other evidence against this opinion. But the timing seemed damaging to the country, though he claimed Kugel's opinion was before the court before Tuesday.
Rabi, a nine-year-old mother, was injured by rocks and was killed while driving in her car by her husband near Tapuah junction in the West Bank on 12 October.
From the outset, there was evidence from the Palestinian side that they were involved in Jewish rocks.
The indictment also includes charges of throwing a rock in a moving vehicle and causing property damage, both in terrorist circumstances.
According to the indictment, the minor and a few friends of the "Pri Ha'Aretz" Yeshiva went to the top of a hill, which is only meters from Route 60, on the evening of October 12, 2018.
The alleged minor picked up a rock weighing almost two kilograms, intending to throw it at a vehicle driven by an Arab.
Rabi and her family drove along the highway at 100 mph.
As the car approached, the minor identified the car with the PA license plate. Then he threw the rock toward the car with the intention of hitting the car in the car, hitting Rabi in the head.
Her husband kept control of the car despite the attack and the shattered window, which would save the life and life of their young daughter. He went to the nearest Palestinian hospital in Nablus.
Four other minors who were previously detained by the GSS were released months ago without explanation.
The GSS was criticized for holding the minors for a long period of time, without allowing them to see a lawyer.
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