Rabbi Eliyahu Mali is a resident of Jaffa and the head of Shirat Moshe Hesder Yeshiv in the city. Around six months ago, he and a colleague were violently assaulted when two Arabs began to kick, curse, and threaten them in broad daylight. In their resourcefulness, Mali's colleague documented the incident, something that resulted in his hospitalization. These were the days leading up to the riots of May 2021, and the images were widely distributed and resulted in a public outcry.
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This week, the sense of shock grew following reports of the plea deal reached with the attackers, Ahmed and Mahmoud Garbua. In return for their confession, a ridiculous plea deal was signed that will see them sentenced to between five and nine months of community service. It is absolutely insane that the Israeli Police Prosecution and Tel Aviv Magistrate Court Judge Roy Perry both signed off on this agreement.
The police prosecutor did not even bother to assign a racial motive to the attack, something that would have resulted in more severe punishment. They failed to do this despite the fact that, as they were hitting and kicking and explicitly threatening the victims' lives, they shouted that "Jaffa will not have Jews." One of the attackers has a rich history of posting nationalist and antisemitic content on social media, including praise for Nazi leader Adolf Hitler, videos on "Jew dogs and America," and "the truth about the sons of monkeys and pigs." He has also expressed a desire for the liberation of "occupied Jaffa." And that is just the tip of the iceberg. Racial motive? What racial motive?
Israelis are even more frustrated by the plea deal because all the facts are known. We know the Garbua brothers attacked Mali because they are antisemitic nationalists. The Garbua brothers know it too. Everyone knows this and admits as much behind closed doors. It is, however, a little difficult to prove. That is why they opted for the easier solution. Another question that needs to be asked is: Why did they even have to reach such a lenient plea deal in return for the brothers' confession when images of the violence exist in which the attackers' faces can clearly be seen? Everything is documented, and it is clear that they are guilty. Why, then, would you lighten their sentence in return for them confessing the obvious?
This was not the first time the police prosecutor, the State Attorney's Office, and the judges have handed down lenient sentences for nationalist offenses. In far too many instances when a minimal effort was needed to prove serious offenses, they folded and did the same. All it takes is one obstinate attorney to get our law enforcement system to fold, resulting in the withholding of justice and a failure to defend the attacked. This system prevents us from living dignified lives.
Worst of all, none of those involved are held accountable, not the prosecution, which produced a laughable indictment, nor the State Attorney's Office, which authorized such a lenient plea deal. If there is anyone in the judicial branch, whether the State Attorney's Office or the attorney general, they should renounce and withdraw this plea deal. They should make an example of this case because it is so crystal clear. This should be the case that sets out the path we must all walk from above. If we are to live in this land, we must use an iron fist. Today, that fist is anything but iron.
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