Caselaw

Civil Appeal 4584/10 State of Israel v. Regev - part 47

December 4, 2012
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I will preface by saying that I do not share the conclusion of the trial court that the police ceased not to seize the diary, and at the very least, it is doubtful whether Most likely that the presentation of the diary to the respondent by the interrogators would have led to the cancellation of the suspicions against him.

  1. As may be recalled, on the day of his arrest, 16 July 1999, the respondent did not give an alibi claim at all. This should not be attributed to his obligation, for a person should not be expected to remember exactly where he was and what he did on a certain day at a certain time, about three months earlier.

On the same day, the police searched his home and found the hats and sunglasses, as well as "various booklets and notebooks."  The Respondent's Diary Anonymous He was caught, and presumably disappeared from the eyes of the police.  I will mention that at this stage the respondent did not mention his diary at all.

Two days later, on 18 July 1999, after the respondent's detention was extended for the first time, the respondent claimed in his interrogation that he did not remember where he was on the evening of the day of the incident, that it could be checked in his diary and that he may have volunteered at Perach that day.  In his interrogation the next day, he said The respondent said that if the assault incident took place on Sunday, then there are two possibilities: "Either I went to the Vetikim neighborhood to hold a meeting of the Farah volunteer or I worked at the Office Depot."  Both of these options were examined by the police on the same day.  The camper's mother stated that the respondent used to arrive on Sundays, irregularly, from 5:00 P.M. for about three hours.  Office Depot was informed the next day that the respondent did not work on the relevant day.  Two days later, on July 21, 1999, the head of the Perach team presented the investigators with the activity report that the respondent himself fulfilled, and there it was written that on the day of the incident, the respondent was at the camper's home between 15:30 and 19:30.  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, and it emerged that the trip took a little less than 15 minutes.

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