On November 13, 2005, the court rejected the motion (Honorable Justices) S. Rotlevy, A. Tal, A. Cherniak). It was held that the fabric of prima facie evidence against the respondent created a reasonable expectation of his conviction, and therefore the first ground of proof did not exist Section 80(a) The law has no basis for guilt. It was also determined that the second cause of action did not exist Section 80(a) to the law – other circumstances that justify compensation. This, inter alia, is because the police made great efforts to examine the various alibi claims raised by the respondent, and the respondent's claims that the police were captive to a mistaken concept and found him a "scapegoat" was not found. The court rejected the respondent's allegations of abuse and violence directed at him by the interrogators, because they did not rely on sufficient evidence (other than dubbed transcripts), and because the respondent did not complain about the alleged abuse to the Department for the Investigation of Police. The court's decision was based on the pleadings and the documents attached to them.
The respondent appealed this decision (Criminal Appeal 11372/05). However, on May 10, 2007, this court dismissed the appeal, after finding that the respondent had simultaneously filed a claim for damages with the District Court (hereinafter referred to), and ruled that the respondent's case would be clarified in full within the scope of the civil case.
In February 2006, the Respondent filed a claim for damages against the State in the Tel Aviv-Jaffa District Court (Civil Case (Tel Aviv) 1173/06, Honorable Judge D. Gannot). The respondent claimed that the state was negligent in not carrying out elementary investigative actions, and in misleading the court in order for them to grant the prosecution's request and extend the respondent's detention. The respondent also claimed that he suffered emotional damage in the interrogation rooms and in the detention cell – There he was "beaten, tortured, humiliated and forced to masturbate in front of his interrogators."