The Beersheva District Court hearing the case of four people charged with beating an Eritrean national to death after erroneously believing he was the terrorist in a Beersheva Central Bus Station attack, has thrown out the prosecution’s key evidence, a video showing their actions.

The attack took place on October 19, 2015 during the wave of terror attacks, resulting in the murder of IDF Sgt. Omri Levy HY”D, 19.

The terrorist grabbed the soldier’s gun and opened fire, wounding at least three security officers before they shot and wounded the person believed to be the terrorist in the confusion, gravely wounding him. The terrorist wounded a total of nine people with the gunfire.

Persons and security personnel in the bus station mistakenly believed Eritrean national Haftom Zarhum was the assailant and fired at him, wounding him gravely. Then some others began beating the wounded suspected terrorist. He died in the trauma unit of Soroka Medical Center. Four persons were charged in the case. Zarhum’s body was flown home at Israel’s expense and Bituach Leumi declared him a victim of terror, and compensated the family.

The court ruled the CCTV video evidence presented by the state would not be considered in the case. Police obtained the video without a court injunction and the court accepted the defense’s argument that the video was obtained illegally and therefore, non-admissible.