Justice Ruth Or of the Jerusalem Regional Court sentenced
Rabbi Shmuel Kornblit to a year-and-a-half of actual
imprisonment along with a year-and-a-half suspended sentence.
Rabbi Kornblit, charged with arson of a missionary apartment
in Meah Shearim, is expected to be released from prison in
five months.
Character testimony was presented to the Court by Rav Benzion
Gutfarb, who was summoned to testify on behalf of the
accused. In his remarks, Rav Gutfarb said that all of the
rabbonim have denounced the deed committed in Meah Shearim.
He said that he is personally acquainted with Rabbi Kornblit
and can vouch for the fact that he is a man of
chessed. In light of this, he asked that the Court
consider the term of imprisonment Kornblit has already served
and to release him.
Attorney Oshrat Shoham, representing the prosecution,
presented her arguments in favor of the verdict and of a long
sentence. During her presentation, she hurled sharp criticism
against the chareidi press, which she claims issued
incorrect information regarding the accused. Shoham demanded
the imposition of punishment to reflect the seriousness of
the accused's deeds, but added that the court must also
consider his good deeds, and his acts of chessed which
were described in court.
While presenting his arguments against a long sentence,
Kornblit's attorney added that meetings were held recently
with representatives of the prosecution, including a meeting
with prominent rabbonim of the chareidi community, at which
such deeds were unequivocally denounced. "Well known rabbonim
-- one of whom testified here -- who teach hundreds of
youngsters in various yeshivos, are discussing this incident,
deriving lessons from it and instructing their students that
such an incident must never reoccur. In light of the immense
changes which have begun to take place in the community with
which the accused is affiliated, there is no justification to
add to the punishment of the accused in order to serve as a
deterrent. Every augmentation of the punishment of the
accused will only provoke feelings of bitterness, both on the
part of the accused who, for the first time in his life has
been imprisoned for so long a period, and in the entire
community as well," he said.
In the verdict, Justice Or writes: "In the decision, I made
it clear that the sole reason for the `pogrom' was the fact
that the tenants were Christians, while the alleged reason
that they were missionaries has not been proven, but whose
opposite was actually proven." She also noted that had a
similar act been perpetrated against Jews in the Diaspora,
the governments would have been charged to exact justice from
the Christian rioters.
At the end of the verdict, she wrote: "The type of felonies
which the accused committed and their great severity under
the circumstances, justify sentencing him to five years in
prison." But she then added that she would not issue such a
sentence, since Rabbi Gutfarb's remarks had persuaded her
that the chareidi community opposes violence, and because the
letter of Kornblit's wife to the effect that she and her
children are the main victims of the accused's deed had
convinced her to be lenient. As a result, she sentenced him
to 18 actual months in prison, starting from the day of his
arrest (17.11.98), and to 18 months' suspended sentence.
After the sentencing, Kornblit's attorney said that "under
these circumstances, as determined by the judge, and
considering the facts, she did not impose too strict a
punishment. She could have sentenced him to 3-4 years in
prison. But it is clear that the character testimony of Rabbi
Gutfarb and the letter of Kornblit's wife had a significant
effect on the outcome." Golan noted that he is contemplating
the filing of an appeal against the verdict. However,
Kornblit's family notes that it might be best not to appeal,
because no one knows how the Supreme Court judges would
relate to this issue. Moreover, the actual sentence will be
served under more lenient conditions than Kornblit has
endured thus far, including expanded visiting rights and
furloughs. Rabbi Kornblit can expect to be released in about
five more months if his sentence is reduced by a third for
good behavior, a common practice.
