(-) The police claimed that hats were seized in the respondent's apartment Sock that are suitable for the complaint, and "Pictures that we claim are pornographic, including girls." No sock hats or childhood pornography were seized.
(-) In the memorandum it is written that the respondent told the informant that he Attracted to small children, while the transcript shows that he said that he loves children very much, and the words were said in the context of his ability to open up to people.
(-) In the memorandum written by the informant, a police officer who was not brought to testify, it was written that the respondent told the informant that the attacker had actually behaved well with the girl.And I thought I'd admit it because it's just Pozzi Muzzi but my mom didn't want me to admit it [Thus in the original – Y.A.]." This is a serious distortion of things, and the transcript of the conversation reveals That the informant He was the one who said to the respondent, "You should finish it, Thorns, it's a matter of condition, or a fine..."
According to one of the memoranda, the mother of another minor, who lives next door to the respondent and for whom the respondent used to serve as a babysitter, told one of the policemen "that the neighbor showed her the bulbul". On the basis of the above, a child investigator was summoned to interrogate the minor, and in the report, the investigator noted under "The Substance of the Complaint as Reported by the Police" that the minor "told the mother that the neighbor had shown her the 'Bulbul'." However, in fact, the minor's mother stated that her daughter told her that she had seen the respondent's penis in a photograph from the family photo album when he was a baby. It is not for nothing that the children's investigator clarified in her testimony that if she had known that this was the case, she would have contacted her superiors and asked not to investigate at all. It therefore seems that the "inaccuracy" on the part of the police was not the domain of the courts alone, and even the children's investigator received her own ration.
- We noted that in light of the totality of the evidence, these flaws and inaccuracies do not change the outcome (thus, for example, the minor ultimately rated the respondent's identification as "nine and a quarter" and identified him at the police station as well, and in the end no one claimed that the assailant was wearing a sock hat). However, this reflects fundamentally improper conduct. They are capable of raising warning lights and arousing real concern, and I share the review of the trial court in this context. Reason does not tolerate a situation in which police officers do not faithfully reflect the state of affairs as they are, or situations in which the Israel Police presents inaccurate information to the courts. It is a daily occurrence in which the courts arrest and even convict defendants on the basis of what is written in the memorandums, and the fear creeps into the reader's heart that perhaps the case before us is an exception that testifies to the rule. To be precise: I do not examine the kidneys and the heart, and I do not see it as possible to reach the conclusion that the disruptions were done deliberately, but the bottom line is that what is important for our purposes is that things were not brought before the court as they were. In an era in which the status of confession was attacked (Dalia Dorner "Queen of Evidence v. Tareq Nujdat - On the Danger of False Confessions and How to Deal with It" The Attorney 49 (2007) 7; Boaz Sanjaro: "Confession as a basis for conviction – is it indeed the 'queen of evidence' or perhaps the 'empress of false convictions" Legal Proceedings D 245 (2005)); In an era when their prestige declined and the status of the informants was attacked (Nir Plesser "Delineating the Boundaries of the Use of Informants Undercover police officers in light of the Basic Law: Human Dignity" Law Scales III 439 (2003); Boaz Sanjaro: "The use of tricks and informants for the sake of Collecting Confessions - Reflections in the Wake Criminal Appeal 1301/06 Estate of the late Yoni Elzam vs. the State of Israel" Legal Proceedings T 399 (2011) (hereinafter: Sanjaro – Use of tricks)) - Is it now the turn of the police memoranda, memoranda and police reports? A case like this erodes the credibility of these people, and if so, where do we come from?
- We find another problematic conduct in the police interrogation exercise, with the approval of the State Attorney's Office, in which the respondent was presented with a supposedly false report and findings were found DNA His on the minor's body. The factual sequence clarifies why the police rushed to carry out such a trick, which took place shortly after the following exchange between the respondent and one of the informants:
"Informed: If you have a positive DNA, what will you do?