The men in charge during the Nahal Tzafit flash flood incident in which 10 teenagers were killed, Yuval Kahan and Aviv Bardichev, were each handed seven years in prison and a fine of NIS 200,000 on Tuesday, on 10 separate counts of negligent homicide.
Nine girls and one boy were killed at Nahal Tzafit, located south of the Dead Sea, when a flash flood rushed through the riverbed following unusually heavy rainfall on April 26, 2018.
Fifteen other hikers were rescued. The hikers were 17- and 18-year-olds on a bonding trip ahead of entering the Bnei Zion pre-military academy in September 2018.
“This trip was not necessary; it was warned about, and it was wrong to go on,” said the Beit Shemesh District Court in its decision on Tuesday.
The court added that testimonies from the families provided a glimpse into who their loved ones were, what their values were, their hobbies, and their goals.
Court ruling on the case
“These teens were wonderful, skilled, and filled with life – people who managed to do and contribute so much to Israeli society in their short time here, who chose to push off their military draft in order to prepare for a meaningful service and to give to the country and society the best that they could,” wrote the court.
Kahan was serving as the head of the academy, while Bardichev served as educational director. The sentencing gives particular weight to Kahan’s negligence.
“Despite his senior position and the unique and extreme circumstances of the situation, he didn’t inquire into details and didn’t really understand what the group was doing. And, when he did, he didn’t do anything to stop it,” said the court.
Bardichev didn’t treat the flash warnings with the urgency they deserved, said the court, as he went into the stream with the teens despite the conditions and the weather.
The court noted that what guided its decision was the higher value of preserving life and the severance of trust between parents and educators.
It added that it took into account the many years of public service and community building that the two have under their belts, as well as a lack of criminal record for both.
However, it said, the responsibility that they did take was “not authentic. They did not admit that they were negligent, nor did they admit to the existence of any criminal responsibility on their part.”
Marcy Oster/JTA contributed to this report.