The court’s decision overturned the original ruling, when the judge rejected the request for such an assessment.
By Batya Jerenberg, World Israel News
The Palestinian terrorist who raped and murdered 19-year-old Ori Ansbacher nearly three months ago will be allowed to undergo psychiatric evaluation to see if he is mentally competent to stand trial, the Walla! news site reported Monday.
This decision of the Jerusalem District Court overturned the ruling made during the terrorist’s initial remand hearing, when the judge rejected the request for such an assessment.
The 29-year-old resident of Hebron was charged with the brutal stabbing and sexual assault of the Israeli teenager in a Jerusalem forest on February 7 based on DNA, recovery of the murder weapon and other evidence, and his own confession. He was caught only a few days after fleeing the scene.
Irfaiya’s home was demolished by the IDF 10 days ago, after the High Court of Justice rejected an appeal to stay the order based on the killer’s mental state.
“The petitioners did not specify at all what mental defect the terrorist is suffering from, how severe it is and how it affects his actions,” the judges stated. “Moreover, even during the terrorist’s arrest proceedings, the Jerusalem District Court rejected his request for a psychiatric examination by the district psychiatrist, since insufficient evidentiary basis was laid before it to justify it.”
Notwithstanding lack of evidence, the three district court judges overseeing the hearings in Irfaiya’s indictment have now decided to send him for an official assessment of his mental state.
No Palestinian terror group claimed credit for Irfaiya’s act, although he stated at the time that he had nationalistic motives for killing Ansbacher. The reported reason for the distancing is the element of sexual assault.
As Palestinian Prisoners Club Director Qadura Fares told Ha’aretz after Irfaiya was caught, “That would make the case a criminal one, as far as we’re concerned, and we object to anyone committing a criminal offense trying to pass it off as a nationalist act.”
Irfaiya’s family has reportedly not asked for legal aid from Palestinian authorities, and he is being represented by a public defender.