Caselaw

Civil Appeal 4584/10 State of Israel v. Regev - part 31

December 4, 2012
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On the same day, the police conducted an examination in order to determine the time of travel by car from the camper's home to the respondent's home.  The ride took place at 19:15 and lasted 13 and a half minutes, and Sergeant Sweid, who was driving the car, noted that he encountered a red light at some of the traffic lights

An additional statement was also taken from the minor's father, who claimed that the minor's behavior while passing by the respondent in the supermarket was unusual and that she had never reacted in this way when she pointed to someone who resembled a rapist.  In addition, the father submitted a sketch of sunglasses, which his daughter claimed were similar to the pair of glasses worn by the rapist.

  1. During the same day, 21 July 1999, the respondent filed an appeal with the District Court (the Honorable Judge A. Kaplan-Hagler) against the Magistrate's Court's decision to extend his detention for seven days. The hearing of the appeal took place the next day, on July 22, 1999.  The police submitted a confidential report to the court in which it was noted that the respondent's alibi claim was irrelevant, since the travel time from the home of the Perach camper to the respondent's house was about 15 minutes, and the fact that the respondent did not ask for refunds for that day indicates that he did not travel by bus, but in the family car in which his sister testified that he often travels.  Hence, the respondent had more than enough time to arrive at the scene of the incident and carry out the act.

Inspector Yiftach Rafaeli, the legal advisor of the police station, and the judge had a confidential written exchange during the hearing.  The police inspector wrote that a negative answer from a forensic examination does not refute the suspicions against the respondent, since the investigation shows that the assailant did not shed sperm.  In response, the judge wrote, "If this is the case, why does the police need those tests? Wonder? This page should be given to an arresting judge for review," and added, "After writing this, the supervisor said in court"Q That In a note, but openly that: According to the findings of the tests conducted after the incident, the police were obligated to take blood, hair and saliva samples and transfer them to the laboratory for comparison, and the police still see the importance of these tests."

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