Caselaw

Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 17

February 15, 2021
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Testimony of Sally Huta

The witness Sally Hota testified that she works for the "Hot" company in Be'er Sheva and knew the defendants from her workplace, and that she had a closer relationship with defendant 2.

According to her, on February 27, 2018, a Purim party was held on behalf of the workers at the "Lago" club in Rishon LeZion, in which the two defendants were present; Defendant 2 "looked a little, that, and I asked him, what happened to him? And he said he had made some mistake and I asked, what, what was there? And he said that he had taken someone off, I didn't attach much importance to it because it seemed a little strange to me compared to a person I knew relatively from work, and that was it.  He cried a little bit and that's it, and then we took him to a party where they didn't hear too much anymore and we sat with other people so we didn't continue the conversation."  To the plaintiff's questions, the witness replied that defendant 2 had told her about two or three times that he had "taken someone" off, and that he had said that he had done so with defendant 1; Because he seemed a little upset to her, so she asked him what had happened, and when he said he had "taken someone" down, "then he cried with a shaking voice, a little broken but not too much, so I didn't attach too much importance to it."  To the question of whether Defendant 2 indicated to her why he did so, if he had told her something related to Defendant 1, or something that Defendant 1 had said to him, the witness replied in the negative.  She also noted that they drank alcohol at the party, but she was not in a condition that damaged her memory (pp. 301-303).

In her cross-examination by counsel for defendant 2, the witness confirmed that she drank a lot of alcohol and was drunk "but not to a state of loss of consciousness, not to a state of fainting", and that defendant 2 also drank a lot of alcohol, but they were not very drunk.  When she was referred to the police saying that Defendant 2 had gathered himself and "out" during the party, she replied that as she said, he behaved strangely and therefore asked him what had happened; She confirmed that she thought he was in "Stella" from drinking (p. 304).

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