Update on the case of Israel's Breaker Morant

The present post is an update to my previous IsraPundit articles 1 and 2. JPost reports on the new devlopments as follows:

IDF appeals acquittal of officer in death of UK cameraman

The Military Prosecutor has appealed a decision to acquit an officer involved in the death of British photographer James Miller, who was shot by IDF gunfire near Rafah in May 2003.

Judge Advocate General Brig.-Gen. Avihai Mandelblit decided to overturn an April 14 a disciplinary hearing decision that acquitted an officer involved in the death of British photographer James Miller near Rafah in May 2003. Miller died as a result of IDF gunfire.

Last week, Brig.-Gen. Guy Tsur of the Southern Command, who presided over the disciplinary hearing, reached the conclusion that the shooting was carried out under reasonable conditions and acquitted the officer on charges of illegal use of firearms.

Reviewing the disciplinary hearing findings on Wednesday, Mandelblit alleged that the officer who was in command of troops at the time of the shooting permitted soldiers to fire deterrence shots, violating the rules of engagement.

Because of this, he decided to appeal and submitted his decision to OC Southern Command Maj.-Gen. Dan Harel, who is to review the findings and decide whether the officer should be prosecuted.

In March, Mandelblit informed Miller's family that the officer would not be prosecuted on criminal charges but instead would face a disciplinary hearing.

At the time of the incident, the army said troops fired deterrence shots in the air after antitank rockets were fired at them while searching for a weapons-smuggling tunnel.

A statement issued by the army at the time said "the soldiers returned fire and during the exchange of gunfire a British cameraman was hit."

After Miller's death, the UK demanded a full investigation of the incident.

On who's side is the IDF brass?

Posted by Joseph Alexander Norland at April 22, 2005 08:05 AM