Israeli Court Releases Man Accused of Girlfriend's Negligent Murder to House Arrest with Electronic Monitoring

More than two years after the death of his former partner Hila Malka Or Lehav, and four months after being charged with negligent murder, Ofir Ben David was released from jail to house arrest under electronic monitoring. The Central District Court in Lod made the decision on Monday despite the prosecution's opposition and concerns expressed by the victim's sister. The judge was convinced that strict supervision could mitigate Ben David's risk to the public.

According to the indictment, in May 2024, Ben David, 51, was with Malka in a caravan when she consumed a dangerous substance, GBL, from a bottle disguised as a regular drink. Although he knew she ingested a significant amount, he allegedly failed to seek immediate medical help, concealed the nature of the substance, discarded the bottle, and removed a DVR device that recorded events. He later provided false information to medical personnel, and Malka died.

The prosecution argued that the severity of the charge required a high threshold for release, citing a probation report indicating Ben David's dangerousness, resistance to criticism, self-centeredness, anger issues, and drug abuse. They also highlighted the victim's sister's fear of him, who claimed to have received veiled threats after advocating for the investigation and feared retaliation even if he were electronically monitored.

Ben David's defense pointed to a positive probation report recommending electronic monitoring, noting he had no criminal record and had been free for over a year and a half during the investigation without fleeing the country. Medical documents and Supreme Court precedents for releasing murder suspects under supervision were also presented.

Judge Eliana Danieli described the case as "unique," considering the manner of the alleged offense and Ben David's conduct post-incident. She noted that he did call a neighbor and later emergency teams, and that two of his former wives agreed to supervise him, indicating a lower risk. While acknowledging the sister's concerns, the judge found them insufficient to deny release, given the strict conditions imposed.

Ben David was ordered to remain under electronic monitoring at his home in Netanya, supervised by approved monitors, with a six-month probation supervision order, a travel ban, a 100,000 shekel cash deposit, a 400,000 shekel personal commitment, and two 400,000 shekel third-party guarantees. The judge warned that any violation would result in his immediate re-arrest until the trial concludes.