State prosecutors filed an unprecedented indictment in the Tel Aviv District Court on Sunday for negligent homicide and injury against the owner of a Jerusalem transportation company following the deadly attack on the Jaffa tram station on October 1. According to the indictment, the defendant ordered a driver from his company to transport illegal residents to Israel during wartime. Due to its serious negligence, two terrorists who carried out the attack that left seven people dead and many injured were able to infiltrate the country.
The two drivers who ultimately transported the terrorists are charged with seven counts of negligent homicide and serious injury. The drivers are accused of failing to control the suspected terrorists, who were carrying a backpack with Hebrew writing containing a concealed M-16 rifle.
The indictment states that the owner of the transportation company and the two drivers transported illegal residents of the Palestinian Authority to Israel, even after the outbreak of the “Iron Swords” war. They had also acted in this way during the Covid confinement. On the day of the attack, two Hebron residents – Ahmad Abd Fatah Harbi Himoni and Mohammad Masak, who never had an entry permit to Israel, infiltrated with around ten other Palestinians and committed a attack.
It is noteworthy that the owner of the transport company received an order that day to transport about 13 passengers, whom he was supposed to pick up near the separation barrier in Sur Baher, and ordered his driver to carry out transport, knowing that they were illegal residents whose entry into Israel was prohibited. Through the lure of profit, they took the risk that the company would provide a transport service to terrorists.
The driver arrived with the company vehicle at the meeting point, put the terrorists and other illegal residents into the vehicle, and during the journey ordered them to turn off their cell phones and draw the curtains of the vehicle. The terrorists wore black clothing, not work clothes, and had a backpack with Hebrew writing in which a disassembled M16 and magazines were hidden. Additionally, they carried another bag containing knives and bullets.
According to the indictment, the accused did not check with the terrorists the purpose of the trip and, at one point, for fear of police control, transferred three illegal residents, including the terrorists, to the vehicle of one of the three accused. The latter drove the terrorists to Tel Aviv and, during the journey, when they passed near a football stadium, the terrorists asked him if a football match was to take place, with the intention of committing a attack in a busy place.
Despite this, the accused continued the journey and dropped the terrorists off in Tel Aviv-Jaffa. At 19:00, the terrorists arrived at the tram station and, when the tram stopped, opened fire on those present and stabbed others. The attack left seven dead and 11 injured.
After the attack, the owner of the transport company asked his driver to destroy his cell phone and hide for fear of being arrested. He also asked him that in the event of his arrest to avoid revealing his involvement, promising him financial compensation in exchange. For this, he is also charged with obstruction of justice.
