Two convicted of causing death by negligence in Mt. Herzl disaster
The two main defendants in the Mt. Herzl disaster, in which IDF 2nd Lt. Hila Bezaleli was killed after being hit by a windblown lighting fixture, are convicted, bringing case to an end after 5 long years.
The Jerusalem Magistrate's Court on Monday convicted safety consultant Yitzhak Zucker and engineer Oren Varshavsky of negligently causing injury to seven people and the death of IDF 2nd Lt. Hila Bezaleli, after they were all hit by a windblown lighting fixture during rehearsals for the Independence Day ceremony on Mount Herzl in 2012.
Judge Ohad Gordon wrote in his decision that "on a technical level, the structure collapsed due to its weaknesses. There was no engineering accompaniment that would ensure that it was built according to plan and would ensure its stability. Therefore, when force was exerted upon him with an intensity that exceeded his capacity, the structure collapsed."
Gordon stated that despite his claim, Varshavsky was the one responsible for planning the fixture and the engineering accompaniment of its construction, and oversaw his own work instead of Zucker.
"Although it was necessary to accompany the construction and ensure the stability of the fixture, he did not do so as required, and Varshavsky took on the role of safety consultant Zucker and thus was required to supervise himself, which hindered the safety and quality control of the building.
"Alongside his abstention, Varshavsky conducted his business as if everything was in order," the judge concluded, emphasizing the severity of his actions.
Varshavsky continues to claim innocence and said he did not participate in the decision-making process of the construction.
As for Zucker, Judge Gordon ruled that he understood very well the significance of building the fixture without an engineering plan.
He noted that it should be taken into account that even though Varshavsky told Zucker that everything was in order, it does not completely erase his responsibility for the incident.
According to the conviction, Zucker was exposed to the deficiencies of the construction planning even before the disaster and did not do his job as a safety consultant.
The indictment states that a day before the collapse of the building, Elad Lavi, the CFO of Design Group (Itzuv Bama)—the company that erected the lighting fixture—received a message from Alex Sela, the producer of the event, against whom no indictment was filed due to lack of evidence.
In the message, Sela warned that the structure is swaying abnormally. Following Sela's announcement, Lavi sent a worker without experience, knowledge or appropriate professional training to examine the stability of the building.
Last December, a plea deal has been reached with Design Group.
The plea completely acquitted Design Group CEO Doron Lavi of any wrongdoing, while Elad Lavi and Laonidzeh admitted to causing death and injury out of negligence. Laonidzeh was sentenced to seven months in prison while Elad Lavi received six months.
