(-) The Folder – The court noted in its decision that "there is indeed a surprising similarity between the folder that was presented to me and the face of the defendant, which I observed again and again during the hearing, in an attempt to find points of difference. I was especially impressed by the similarity in the cut of the mouth and lips and the structure of the face in the lower part."
(-) Identification of the Respondent – The court noted that the girl recognized the Respondent twice and responded to it hysterically. It should be noted that the court emphasized that this is not identification according to the rules of the law.
(-) The objects seized in the respondent's home in his room – two forehead hats, three pairs of sunglasses and two pairs of gloves. The court further noted that the girl pointed out in the glasses identification lineup on the respondent's sunglasses as glasses similar to those of the assailant.
(-) The alibi argument – the court noted that this alibi appears to be useless to the respondent, since there is no dispute that he left the camper's home at 19:30 in his car (and not by bus), and that the travel time to his home takes about 13 and a half minutes. However, the court noted that the calculation was problematic, since it was an event that had taken place many weeks earlier, and it is not surprising that the respondent claims that he does not even remember what he did that day.
(-) The Respondent's refusal to perform a voice recognition lineup – in particular against the background of the minor's reference in her message to the special voice of the rapist, and according to her statement that the rapist spoke to her throughout the incident.
(-) Lack of cooperation – immediately after the interrogation began, the respondent refused to answer the interrogators' questions, clarifying that he did not want to answer, that he did not remember and that he wanted to stop the interrogation. In addition, his words to the informant indicate that he is waging a psychological war against the interrogators.