The State Attorney’s Office appealed the Jerusalem Magistrate Court’s acquittal of border policewoman Orian Ben Khalifa for concealing her assault of an Arab-Romani woman in the Old City in 2021.
The appeal on the obstruction of justice charge was filed to the Jerusalem District Court with the Police Internal Investigations Unit (Machash), arguing that the court erred by not giving adequate weight to a false arrest report written by the officer.
Ben Khalifa had reported that she had been arrested because 25-year-old Hala Salim had assaulted her by pushing her, scratching her face, and pulling her hair. The officer made a false statement to the police the next day, concealing that the officer had resorted to violence without prior physical instigation when Salim and her family argued with her and sought passage through a closed entry point. She later testified that the report and statement were true.
Officer fined NIS 6,000, given 12 months suspended sentence
The officer was convicted on May 2 of assaulting the woman, using force when it wasn’t needed, grabbing Salim by the hair and hijab, and pulling her to a nearby police station, where she was further abused. Ben Khalifa was fined NIS 6,000 and given a total of 12 months in suspended prison sentences on June 20.
The magistrate court had acquitted Ben Khalifa on obstruction charges in May because Machash had allegedly conducted a “sloppy” investigation, wafting too long to interview members of the Salim family, and allowing the father to translate. They also didn’t seek out other relevant witnesses.
Supporters of former Israeli police border officer Orian Ben Khalifa, accused of assaulting a Palestinian woman in Jerusalem Old City, protest outside her court hearing at the Magistrate’s Court in Jerusalem, on May 2, 2023 (credit: YONATAN SINDEL/FLASH90)Machash denied that it hadn’t attempted to locate additional witnesses, but agreed that it had made a professional error by not having an interpreter readily available for the family. The failures of the investigation shouldn’t detract from the violation of justice entailed in obstruction of justice, and the seriousness in which a false police report should be viewed.
“Where the members of law enforcement commit violations in their duty, especially in the offense of disrupting investigative processes that may lead to much greater damage to basic ethical values, there is great importance in the existence of a procedure that will express the deplorability of such acts, and strengthen the public’s trust in law enforcement,” said the appeal.
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