In October 2021, the singer Gil Ofarim emotionally reported in a video about an alleged anti-Semitic incident in a hotel in Leipzig. The video is making headlines across Germany. But the statements are not initially confirmed. The musician then comes under pressure – he is accused of defamation. The trial against Ofarim started today.
Gil Ofarim in the dock in the Leipzig Regional Court on Tuesday morning at the start of the trial.
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Charges of defamation and making false statements
The trial against Gil Ofarim began at the Leipzig regional court on Tuesday morning. The musician and actor has to face charges of alleged false suspicion and defamation the indictment states. The 41-year-old is also said to have submitted false affidavits when he took action against media reports at the Cologne and Leipzig regional courts.
Gil Ofarim wears a chain with a Star of David when he enters the courtroom in Leipzig. According to his own statements, he was not allowed to check into a Leipzig hotel because of such a chain.
According to the prosecution, the musician described in a video that went viral more than two years ago that an employee at a Leipzig hotel asked him to take off his Star of David necklace. According to his own statements, Ofarim was not allowed to check in beforehand. “That is not the truth,” said public prosecutor Andreas Ricken on Tuesday.
Prosecution: Ofarim’s statements are untrue
According to the prosecution, the Star of David was not visible under the musician’s shirt when he checked in. Ofarim only made the star visible during the video recording. Senior public prosecutor Ricardo Schulz previously told MDR: “The public prosecutor’s office is of the opinion that the statements that Gil Ofarim published in his video are inaccurate and defamatory due to their content.”
The public prosecutor’s office considers that the statements made by Gil Ofarim in his video are inaccurate and defamatory due to their content.
Ricardo Schulz | Chief public prosecutor
Defense: representation of the Hotel employee “completely implausible”
Ofarim’s defense rejects the allegations. Defense attorney Alexander Stevens sees the incident as a classic case of “testimony against testimony.” It is possible that it was a misunderstanding or bad humor or an “anti-Semitic innuendo” from the Leipzig hotel employee, Stevens said on Tuesday. If a discriminatory word was said two years ago, his client should be acquitted, the lawyer emphasized.
Gil Ofarim (left) in an exchange with his lawyer Alexander Stevens in the Leipzig regional court on Tuesday.
It’s not about the Star of David, but about discrimination, says Stevens. It is irrelevant whether Ofarim wore his chain visibly or invisibly under his shirt. Bullying and discrimination are difficult to prove. The defense attorney believes it is “completely implausible” that the incident happened the way the hotel employee described it.
Lawyer sees case of coercion
When Ofarim announced that he would give the hotel a bad rating, the hotel employee took away the registration form from him and said: “Then you are not our guest today.” According to Stevens, this is coercion because Ofarim would have had to look for a new hotel room after 10 p.m.
On Tuesday there was a large crowd of journalists at the Leipzig regional court for the start of the trial.
Defense attorney questions fair trial
Ofarim’s lawyer Stevens made serious allegations against the hotel and the media, which in his opinion were influencing public opinion with lies and bringing his client into disrepute. According to Stevens, the Leipzig hotel did not investigate openly or fairly. Stevens also doubts that there will be a fair trial. From the beginning, the case was a fight for the truth.
Claims for damages from co-plaintiff
In addition, the co-plaintiff, Marcus W., the hotel employee accused by Ofarim, is also asserting claims for damages. Vice President of the Regional Court, Johann Jagenlauf, told MDR SACHSEN that the co-plaintiff’s claim amounted to 20,000 euros.
After the incident in a Leipzig hotel in October 2021, politicians and Jewish associations initially stood united behind Ofarim. The accused hotel employee defended himself and reported the musician for defamation. After extensive investigations, the public prosecutor brought charges against Ofarim.
Ofarim stands by his statements
Ofarim’s lawyers said they had prepared a statement from the defendant for the first day of the trial. He will stick to his description of the events. Around 30 witnesses are to be called. The report from a digital forensic expert who analyzed the surveillance videos will also be presented in the process.
Gil Ofarim (center) on Tuesday morning on the way to the Leipzig regional court with his defense attorney, lawyer Alexander Stevens (left).
Process under elevated Safety conditions
Due to the expected great media interest, the trial, which was originally supposed to be heard at the local court, was moved to the regional court. Ofarim’s lawyers objected to this. However, the measure corresponds to the Court Constitution Act, according to a process observer from the MDR.
There will be tighter security precautions at the start of the trial on Tuesday morning in Leipzig.
The process should take place under strict security controls. The reason for this is the current political situation, said court spokesman Johann Jagenlauf. The distance between the audience and the dock has been increased, reducing the number of seats from 100 to 85. Stricter controls are taking place. Cell phones are only allowed for media representatives.
Anti-Semitism Commissioner urges caution
Before the trial began, the federal government’s anti-Semitism commissioner, Felix Klein, warned against prejudice. Society should react to reports from social networks with a little more caution until reliable information is available, Klein told the editorial network Germany. “This helps to protect those involved and uninvolved from hatred and agitation.”
What happened until now
the initial situation
The musician Gil Ofarim describes in an Instagram video that he was the victim of an anti-Semitic incident in a Leipzig hotel on October 4th, 2021. An employee at reception asked him to pack his necklace with a Star of David pendant. Then he can check in. According to the singer, other guests had previously been given priority in the long queue at the hotel reception.
This is how the hotel reacted
A spokesman for the hotel then said they were very concerned about the report and were taking the matter extremely seriously. A little later, two employees are furloughed. The hotel is conducting its own investigation and interviewing guests and witnesses to the incident.
Legal processing
The Leipzig public prosecutor’s office begins the investigation and recreates the events on site. Meanwhile, the hotel employee files a complaint for defamation. He describes the incident clearly differently than the artist. It wasn’t until days later that Ofarim filed a complaint. After several videos from surveillance cameras were evaluated, the hotel announced that it would not take any action against the accused employee. A 118-page report shows that there is no “objectivable” evidence that would justify criminal or labor law action against the employee.
The turning point in the case
At the beginning of April, the Leipzig public prosecutor’s office brought charges against the artist for false suspicion and defamation. Extensive investigations revealed that the alleged anti-Semitism incident in a Leipzig hotel did not happen as Ofarim described it in the video. The investigation against the hotel employee is discontinued. Months later, the Leipzig regional court admitted the charges. Ten hearing dates are scheduled until December 7th. The presumption of innocence applies until the proceedings are legally concluded.
What does Ofarim face if he is convicted?
According to the criminal code, if Ofarim is convicted of false suspicion or public defamation, he could face a fine. In extreme cases, this can result in a prison sentence of up to five years.
MDR dpa, (ltt,phb,sys)