The IDF Judge Advocate General's Office decided on Wednesday to cut in half the prison sentence of Cpl. Avi Beiber.
The military prosecutor originally intended to go after Beiber on the second instance of refusal, but in the end, made his case on the first instance.
Beiber had refused orders to stand guard while the army demolished abandoned buildings near the Gaza settlement of Shirat Hayam two weeks ago.
At the time, the soldier was sentenced to 56 days in prison for two military violations.
However, Beiber's lawyer Shai Galili challenged the decision, saying that there were judicial irregularities in how his client was prosecuted for refusing orders.
Deputy Judge Advocate General Col. Danny Efroni agreed with Galili and struck down the sentence, 28 days, on one crime, and Beiber will be re-tried on that count by Gaza Division Commander Brig. Gen. Aviv Kochbi.
Two acts of refusal
The decision of the JAG was based on the claim that there were two acts of refusal.
The first occurred when the soldier said he would not perform guard duty, and the second time was when, after some pushing and yelling, he repeated his stance to Southern Brigade commander Col. Avi Peled.
חייל אבי ביבר צועק (צילום: רויטרס)
Galili argued that, by not knowing with which crime Beiber was charged, his client could not get an adequate defense.
Beiber will stay in Military Prison No. 4 until a new trial gets underway.
