The conversation between the defendants took place on February 26, 2018 at 21:27
The main evidence regarding the planning of the event in advance arises from listening to the telephone conversations recorded on the phone of defendant 1 (P/27A), first and foremost the conversation that took place between the defendants on February 26, 2018 at 21:27 (conversation 20-27-21, P/27, P/70). In the conversation, Defendant 2 is heard asking to know the last name of the deceased because he "needs to check something", and after Defendant 1 tells him his full name, Defendant 2 asks if he has no one in Israel, "Family... Uncles?", and defendant 1 responds that he has no family in Israel. This conversation, which took place shortly before defendant 2 arrived at the home of defendant 1 in preparation for the meeting with the deceased, a meeting in which the deceased was found dead, strengthens the statements of defendant 2 in his interrogations regarding the existence of a premeditated plan to murder the deceased and to conceal his body in order to steal the drugs for him; It also weakens Defendant 2's claim that he was passive and only dragged after Defendant 1. It should be noted that a similar line of thought of the defendants, according to which the deceased is a lonely person in Israel that no one will look for him, emerges from their explanations, also in the framework of their testimonies before us, that they decided to set fire to the vehicle in order to make the body of the deceased disappear so that it would not be possible to identify him.
In the framework of the defendants' testimonies before us, they claimed that this conversation was made against the background of their plan to threaten and intimidate the deceased in order to take the drugs from him without paying, in order to make sure that the deceased had no family or anyone behind him who could take revenge on them for stealing the drugs (Defendant 1, pp. 336-337, 384, 410-411; Defendant 2, pp. 461-463). In this context, it should be noted that defendant 1's explanation in his testimony is that "we were afraid that he had a family, that at a certain point if he would go, say, to his brother and tell him to listen, they beat me, they stole from me, they took me, that there would be someone who would stand behind him and then come at us, so that we would know that if he had a family then we would not leave the house after we hit him and took the drugs" (p. 336, paras. 11-14, and also at p. 410, paras. 16-22), it is not at all clear, since defendant 1 knew very well that the deceased had no family in Israel, and this is clearly evident from his words in the conversation; Thus, this is another lie that defendant 1 gave in his testimony in his attempt to deal with the evidence against him.