The court did convict the two defendant-minors, one from Jerusalem and one from Beit Shemesh but whose names are under gag order, of murder, kidnapping and a range of other offenses, despite their protests that only Ben David committed the murder, and they only intended to rough up Abu Khdeir.

Abu Khdeir, a 16-year-old Arab from Shuafat in east Jerusalem was abducted, burned and brutally murdered on July 2, 2014 while waiting to enter a mosque.

News coverage of the slaying led to Arab riots throughout east Jerusalem and the rest of the country.

Ben David, the ringleader, and the two additional Jewish minors, burned Abu Khdeir to death as a nationalist revenge murder following the infamous murder of three Jewish teenagers in June 2014.

Throughout a year-long trial, Ben David claimed insanity, but never filed a psychiatric report which could give his plea a chance.

Coming into Monday’s verdict, therefore, there was little doubt that Ben David would be convicted with the insanity plea having nothing legal to stand on.

But right before the verdict, Ben David’s lawyer, Asher Ohayon, shocked the courtroom, having quietly (without notice to the public) produced to the court in recent days, an insanity plea psychiatric opinion just in time for the verdict.

Although such conduct is not allowed according to legal procedure, because Ben David was not yet convicted, the court decided it will review the opinion.

Prosecutor Uri Korb jumped out of his chair objecting to the opinion being considered.

Korb’s position was that he was in favor of reviewing the issue at any earlier stage, but that once the trial was closed, the court drafted its verdict and it was only days before announcing it, that the court should not even review the opinion.

The court will now decide whether the opinion is significant enough to do a full review, in which case the trial for Ben David will be reopened for the prosecutor to attack the opinion, or whether to disregard it as too little too late.

The press conferences following the decision seemed as if there were alternate universes operating.

Ohayon said the court’s decision was “very disappointing, there is a legal opinion that says he’s insane,” and that the “court is choosing procedure over substance.”

His lawyer had wanted the court to accept the legal opinion without objections from the prosecution that it must be disqualified for being late and was only relevant to the sentencing stage at court.

Fuming, Abu Khdeir’s father said “a crime” has been committed, asking about Ben David, “how can he say suddenly that he is insane, where was this opinion last year or two months ago.” “I hope the court throws out” the opinion – “I conclude with words from your book of Ecclesiastes – Futility futility, all is futility.”

Korb spoke last, saying, “the court found unambiguously that all the defendants perpetrated the act against an innocent only because of his background.” He said the state would oppose the opinion being considered by the court.

“We need to build a society of values which is different from our enemies, these defendants went to build the opposite. Will continue to fight against all lynches, there is judges” in Israel who stand for the rule of law, said Korb.‎