Additional evidence
The security camera footage that documented the defendants' way to the gas station and back, not only corroborates the defendants' police versions, but especially the reconstruction of defendant 1; Rather, they can also testify that the defendants acted together and in full partnership. In the footage, defendant 2 is seen carrying the jerrycan even before refueling, entering the Paz gas station to purchase a flashlight, and then assisting defendant 1 in refueling and carrying the jerrycan, and this contradicts his attempts, both in the interrogations and in the testimony before us, to present himself as someone who was passive and only dragged after defendant 1 with no choice.
It should also be noted in this context that the discovery of Defendant 2's fingerprints on the magazine found inside the deceased's pistol (P/87A) contradicts the evasive version of Defendant 2, who became embroiled in lies on this matter in his statements to the police (when he tried to claim that he was threatened by Defendant 1, inter alia because the gun was in his possession only), and also in his testimony before us he gave an evasive version of the gun and tried to attribute its taking and possession to Defendant 1 only. This matter is in addition to the multitude of evidence that testifies to the fact that the defendants acted together, as equal partners, and refutes the version of defendant 2 that he tried to present himself as someone who was passive and was dragged after defendant 1.
- Evaluation of the defendants' testimonies in court
As noted, in the defendants' testimonies in court, they repeated many details they gave in their statements to the police: they confirmed the meeting at the deceased's home on February 25, 2018, during which they agreed to purchase about 70 grams of cannabis from him for NIS 60 per gram; confirmed that they wanted to take the drug from the deceased without paying for it, and therefore even tried to break into his home and steal the drug after he left for work; They confirmed that on February 26, 2018, the deceased brought the drug and left it at the house of defendant 1, and that they arranged to meet with him after he finished his work in order to transfer the money for the drug to him, even though they did not have the money and they did not intend to pay the deceased at all; They confirmed that the deceased arrived at the home of defendant 1 in the early morning hours of 27 February 2018, and they led him to the Ivim Forest under the pretext that he would receive the money; confirmed that they had walked with the deceased in the forest and led him to a remote spot while discussing drug deals with him; They confirmed that he was hit in the head from behind and he fell; confirmed that the deceased was dragged to the vehicle after he was assaulted; confirmed that they planned to purchase fuel in order to set fire to the vehicle and conceal evidence, that they went to the gas station and purchased fuel and a lighter there; confirmed that they took the deceased's gun, keys and other items from the vehicle, and then set fire to the vehicle while the deceased was inside; and confirmed that after the incident, they acted to conceal the evidence linking them to the incident, including the gun, car keys and clothes they were wearing with the deceased's blood on them.