A Jerusalem Magistrate's Court judge on Monday denied a request from Israel Police to extend the detention of the suspect involved in the recent graffiti incident at the Western Wall and the Great Synagogue.
The judge emphasized that there was no need to delay the investigation while the defendant remained in custody.
The police initially requested five more days of detention, citing concerns about the suspect's danger and possible disruption. However, a statement from the police indicated that the 27-year-old suspect, a resident of Ramot in Jerusalem and the son of an ultra-Orthodox family, would be released under restrictive conditions.
The situation took a turn when the defense attorney, who was from the Public Defender’s Office, argued that the police's stance shifted shortly after National Security Minister Itamar Ben-Gvir made a public statement.
Ben-Gvir expressed his shock at the damage done to "the holiest site for the Jewish people" and vowed that "the Israel Police would act quickly to arrest the perpetrator and bring him to justice." This led to a heated exchange in court, where the defense attorney criticized the police for suggesting that he should contact the minister for clarification on his position.
It also emerged during the hearing that the suspect had a history of mental health issues, having been hospitalized in a psychiatric facility until January 25. Afterward, he stayed in a group home for individuals with mental disabilities.
Judge rules in favor of defense
The judge ruled in favor of the defense, agreeing that there was no concern about the obstruction of the investigation. The suspect had confessed to the crime during questioning and had been recorded in the act.
The judge also dismissed the police's argument for continued detention, stating, "In practice, there is nothing left to investigate... I do not believe there is any danger in this case. This is a sad case. The suspect’s medical condition requires proper treatment, and there is no reason to continue the investigation while he is detained."
The judge ordered the suspect's release and his referral to a psychiatric facility for evaluation. When the police requested an order to ban the suspect from the Western Wall and the Great Synagogue, the judge denied the request, responding, “I cannot remove a Jew from the Western Wall.” However, after further deliberation, he agreed to order the suspect's removal from the Great Synagogue.
“This is a young man with mental challenges who likely committed these actions due to his condition. The young man should not have even been brought to court, and the police initially agreed with that," the defense attorney said.
"However, under unclear circumstances, the police changed their stance and requested an extension of his detention by five days. We welcome the court’s decision to reject this request, and we are pleased that the only condition for his release is that he report to a psychiatric facility,” he added.