Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 102

Regarding Defendant 2, the interrogator said that after he was interrogated by Investigator Ofer Benita, Investigator Benita went out together with Defendant 2 and told him something as if he was not telling the truth; and he was asked by a retrial interrogation to supervise Defendant 2 in the next room until Investigator Benita updated the details of the interrogation to the commander of the Central Intelligence Unit, who arrived at the time.  According to him, while they were sitting in the room, Defendant 2 asked him something like, "What will happen to me? What's going to happen?", and he replied something like, "A man with a sword around his neck is telling the truth.  And you, you have guillotine over your head and you're not telling the truth."  Defendant 2 asked him if he would protect him and his family if he told the truth, the interrogator asked what truth he could tell, and Defendant 2 replied something along the lines of "I saw the murder" or "I witnessed the murder"; Investigator Malichi stopped him, told him that he had no authority to talk to him about such matters and that by chance the commander of the Central Intelligence Unit was there and he would call him,  He went to call the commander of the Central Intelligence Unit and came back with a tape recorder (pp. 93-94).  It should be noted that although the ISA of the defendants objected to the submission of the memorandum written by the interrogator on this matter, it was quoted almost in its entirety (it is not clear by virtue of what) in the summaries of Defendant 1 (p. 16, paragraph 39), and part of it was quoted in the interrogator's cross-examination and in the cross-examination of Defendant 2 (pp. 97, 501).  It should also be noted that the words quoted from the memorandum are similar to the testimony of the interrogator before us, except that it is written there that when there is a sword on a person's neck and he understands it, it is best for him to tell the truth, and according to the interrogation material, there is  "a seven-meter-high guillotine on his neck and not a small sword."