Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 147

Defendant 2's twists and turns and the changes in his version to the extent that he understood from the questions he was asked that he was getting himself into trouble are already evident in the interrogation with the commander of the Central Intelligence Unit, although they are more prominent in the following statements.  Thus, for example, at the beginning of the interrogation, it emerged from the statements of defendant 2 that defendant 1 had planned the incident in advance and even shared the planning with him, by telling him to walk with the deceased and then he would come to him from behind and "bring him a blow to the head and go" (P/11, p. 4, paras. 11-18).  However, later in the conversation, he claimed that he did not know that defendant 1 intended to kill the deceased, that the plan was only to buy drugs from him and bring him the money, and that defendant 1 simply surprised him (ibid., at pp. 7, paras. 8-38); When asked if he was sure of this, he suddenly said that defendant 1 had told him on Sunday that he wanted to kill the deceased, and that he had in response suggested that they only frighten him and scare him away (ibid., at pp. 8, s. 2 to p. 9, s. 5).  In the interrogation that followed the interrogation, Defendant 2 also contradicted himself regarding the planning, when he claimed at a certain point that Defendant 1 told him that he wanted to "take down" the deceased, while he only offered to intimidate him and threaten him, but Defendant 1 told him, "No, we have to kill him" (P/12 Q. 45-46); and later he said that Defendant 1 planned everything (while detailing the entire plan).  He told defendant 1 that he did not want to kill the deceased and tried to persuade him not to do so, but the latter replied that he had to be killed and that defendant 2 "could not escape now" (ibid. at paras. 115-117, and also at paras. 231-236); but at the end of the interrogation, when he was asked why he had not reported it to the police, he replied that when defendant 1 told him that he wanted to "take the deceased down", he thought he was joking with him (ibid. at paras. 248-249).