Caselaw

Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 13

February 15, 2021
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Following the aforesaid, Defendant 2  was questioned by the Commander of the Intelligence Unit, Lior Zohar, and Investigator Malichi, which began at 20:40 (P/11), at the beginning of which Defendant 2 asked the Commander of the Intelligence Unit to protect his life and his family, and asked to know what he would be given if he told "everything", while clarifying that he had nothing to do with the murder and had done nothing.  At this stage, defendant 2 claimed that his accomplice (it should be noted that defendant 2 did not name defendant 1 during the entire interrogation, although he made it clear to the commander of the district unit who he was talking about – p. 4, paras. 8-9) planned to murder the deceased in order to steal the drugs for him, and brought him in as an alleged intermediary in the drug deal that was supposed to end with the transfer of the money in the forest.  Defendant 2 claimed that his accomplice asked him to go with the deceased until he hit him from behind; He described how he hit the deceased several times in the head from behind with a sock with a stone in it and "dismantled it"; then they dragged him to the car, and the accomplice bought gasoline and set the car on fire.  Defendant 2 also claimed that his accomplice threatened him that if he told anyone about it, he would kill him.

Immediately after the end of the interrogation, from 21:19 to 23:40, defendant 2 was interrogated under a warning on suspicion of murder (P/12) and gave his version at length, in which he mainly incriminated defendant 1, but in the end, despite trying to distance himself and claimed that he had acted under threats,  he also connected himself to both planning and committing the murder.

In between, at 10:15  P.M., Detective Adi Hamami was asked by Superintendent Michaeli to watch over Defendant 1, they had small talk, and according to him, after about half an hour, Defendant 1 began to cry, and asked to call the investigation officer because he wanted to tell the whole truth.  Detective Hamami informed him of his right to remain silent, spoke to the investigation officer, who told him that in a few minutes the interrogator would take him to Zami, and so it happened (P/53).

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