Saturday Star

Israel backs down on fugitive’s extraditio­n case Family keeps killer behind bars

Parole decision reversed after children intervene

- SHAIN GERMANER SAMEER NAIK

THE extraditio­n case against an alleged Israeli fugitive, Shay Moslie, has been withdrawn, although details remain scarce as to exactly why.

Moslie’s extraditio­n hearing began in October 2015, after the Israeli government sent through papers detailing Moslie’s alleged crimes.

Accused of being the director of an Israeli crime organisati­on, the initial papers – seen by the Saturday Star – said he and eight other members were sought by Israeli police to be tried for their roles in the murders of rival gang members.

In October 2011, a suspected member of the gang and friend of Moslie, Avi David, was murdered in the city of Bat-yam in Israel.

The first charge against Moslie relates to the alleged conspiracy to murder the suspected head of a rival gang, Moti Hassin, who Moslie believed was responsibl­e for David’s murder.

A member of Moslie’s gang, who has since turned State witness, told investigat­ors Moslie had asked that he assassinat­e Hassin with a sniper rifle on December 24, 2011.

While the plan failed, Moslie and his cohorts were allegedly responsibl­e for the assassinat­ion of another member of the rival gang, Bar Cohen, who was shot multiple times at a public park in Bat Yam on January 30, 2012.

He was also accused of orchestrat­ing the murder of two other members of Hassin’s organisati­on, Ohad Franco and Daniel Samara, who were killed in a drive-by shooting on February 20, 2012. Lastly, Moslie has also been charged with conspiracy to kill Moshe Okanin, a former business associate, but he later abandoned the assassinat­ion plot.

However, while these charges were put to him in the Randburg Magistrate’s Court as early as 2015, the case has dragged, with Moslie’s defence team claiming the papers submitted were not admissable, with at least two other altered versions submitted to the court in the intervenin­g years.

On Thursday, after a threemonth postponeme­nt, prosecutor Christo Steyn said he and his colleagues had received word from the Israeli government asking that the extraditio­n case against Moslie be withdrawn. Steyn asked that the court honour the request.

Moslie’s defence team – some of the country’s most prominent lawyers, Lawrence Hodes, Anton Katz and Ian Levitt – argued that the court would have to do more than simply withdraw the case. Katz asked that the court formally discharge the case through section 10(3) of the Extraditio­n Act, which meant that should the Israeli government reinstitut­e the extraditio­n hearing against Moslie, a new court would have to take into considerat­ion the current court’s decision.

However, magistrate Pravina Rughoonand­an said that based on the slow progressio­n of the case, she had not ruled on the admissabil­ity of the papers submitted to her from the Israeli government. This meant, therefore, that no evidence had technicall­y been submitted to the court, and thus the hearing had not begun in earnest. “The matter against you is withdrawn. You are free to go,” she ruled.

While the defence team did not succeed in a formal discharge, Levitt said his client was still pleased at the closure of the hearing. “It’s still a major victory. As is evidenced by the court’s ruling, it’s clear there was never a case against our client,” he said.

It remains unclear why the Israeli government withdrew the hearing against Moslie.

THE children of convicted killer Omar Sabadia know that one day he will be paroled and walk out of Kgosi Mampuru Prison a free man, but they still deserve the right to be heard.

“The proper procedure must be followed and the family are entitled to be heard,” said Ahmed Suliman, a lawyer acting for Sabadia’s three children.

“They cannot be excluded and they are entitled to voice their objection.”

The family were disappoint­ed, he said, that they had not been consulted by the parole board ahead of Sabadia’s proposed release on Thursday.

Sabadia has served nearly 22 years in prison for planning the murder of his wife, Zahida.

“The family have some sense of relief that Sabadia was not released. However, there is no doubt the matter was badly handled by the board,” said Suliman.

“The family are aware that he cannot serve 50 years in prison. However, the Correction­al Services Act provides that the proper procedure must be followed.”

Sabadia was informed that he had to submit written representa­tions to prison authoritie­s by June 28 as to why he was entitled to parole.

The former psychiatri­st was told that he would be informed of developmen­ts in his case.

In 1996, the Johannesbu­rg psychiatri­st made headlines when he was arrested for hiring three hitmen – Albert Moeketsane, Richard Malema and Patrick Manyape – to kidnap his wife, murder her and leave her tied to a tree in the veld in Garankuwa.

Sabadia had planned to claim the R3 million insurance policy he had taken out on his wife’s life.

Having served over 22 years of his 50-year sentence, Sabadia was eligible for parole. However, the interventi­on of his family has put his release on hold.

Department of Correction­al Services spokespers­on Mocheta Monama said the family had been asked to take part in the process.

“As the department we take very seriously the aspect of victim participat­ion towards restorativ­e justice.

“In the case of Dr Sabadia, the family was invited to participat­e in the process. They indicated that they will not be available on the set date.

“However, the court order had to be obeyed. It was under these circumstan­ces that the department applied for reconsider­ation of the decision by the parole board,” he said.

Monama added that one of the hitmen, Moeketsane, was recommende­d for parole with Sabadia.

The other two offenders, Malema and Manyape, were both released on parole, in 2009 and 2007 respective­ly

“The department has also applied for reconsider­ation on his case pending the outcome of the decision by the parole review board,” said the spokespers­on.

He confirmed Sabadia would remain in prison while the review board studied its decision.

“The Department of Correction­al

There is no doubt the matter was badly handled by the board

Services (Gauteng region) has taken a decision to apply for the matter to be referred to the Correction­al Supervisio­n and Parole Review Board for reconsider­ation after a decision was taken by the review board on April 20 2018 to place Dr Omar Sabadia on parole effective from 20 June 2018.

“The decision of the parole board is therefore suspended pending the outcome of the decision by the review board,” he said.

“Whenever any offender reaches his minimum detention period, his profile is forwarded to the parole board by the case management committee for considerat­ion.

“Like any other offender, Dr Sabadia was considered for parole when he reached his minimum detention period.

“It is only now that the parole board felt he met all the requiremen­ts and therefore granted parole,” said Monama.

 ??  ??
 ??  ?? Dr Omar Sabadia was jailed for 50 years after a plan to kill his wife, Zahida, was discovered.
Dr Omar Sabadia was jailed for 50 years after a plan to kill his wife, Zahida, was discovered.
 ?? PICTURE: ANTOINE RAS ?? Israeli fugitive ‘Shay’ Moslie during his extraditio­n case at the Randburg Magistrate’s Court in 2016.
PICTURE: ANTOINE RAS Israeli fugitive ‘Shay’ Moslie during his extraditio­n case at the Randburg Magistrate’s Court in 2016.

Newspapers in English

Newspapers from South Africa