Caselaw

Civil Appeal 4584/10 State of Israel v. Regev - part 82

December 4, 2012
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In his statement of July 18, 1999, the respondent stated that he did not remember where he was on the day of the incident, and that "it can be seen in the diary".  We will return to this point of mentioning the diary later.  In another statement dated July 19, 1999, the respondent reiterated that he did not remember exactly what happened on that date, but that there were two possibilities – either he was staying in Perach or he went to a certain store where he worked at the time.  On the same day, the police investigators met with the trainee's mother, who stated that the respondent usually arrives from 5:00 P.M. for about three hours, that is, until about 8:00 P.M.

On or about July 20, 1999, the police received a call output from the telephone in the respondent's apartment, where he lived with his mother during the relevant period.  The output showed that at 5:23 p.m., a call had left the house for the camper's home.

On July 21, 1999, the police were given the respondent's activity report in Perach, which the respondent himself filled out.  The report noted that on the day of the rape, the respondent was at the camper's home between 15:30 and 19:30.  On the same day, the police investigators conducted a test drive, which revealed that the drive from the camper's home to the respondent's home – in whose yard, as stated, the rape took place – takes about 15 minutes.

On August 19, 1999, in his response to the indictment, the respondent claimed that on the day of the rape he stayed with the camper until 7:30 P.M.  However, on August 31, 1999, in the framework of the appeal submitted to the Supreme Court, the respondent claimed that he stayed with the camper until 9:15 p.m.  He repeated this version in his interrogation on September 16, 1999, when he stated that on the day of the rape he was at the camper's home between 17:40 and 21:30, and then went to pay rent to the owner of the pension where his father lived at the time (hereinafter: the owner of the boarding house).  The respondent explained that when he filled out the Perach report form, he did not remember the exact hours, and therefore he recorded different hours (15:30-19:30).  On September 8, 1999, the defense attorney gave the police a call output from the respondent's mobile phone, which shows that at 20:22 a call had departed from there to the owner of the pension.  On September 30, 1999, the results of the location were received, which showed that the call at 20:22 was made from a sector that covers the address of the camper's home, and does not cover the yard of the building where the rape took place.  It should be noted that the rape took place as early as 8:00 p.m.

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