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Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 177

February 15, 2021
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C.H. Gilat Shalev :    So the judge asked you if you did anything in this situation or if everything [Defendant 1] Did he do it?

Defendant 2:              No, I didn't do anything in that situation.

25 Aharon Mishnayot:          And who lit the match?

Defendant 2:              [Defendant 1]

25 Aharon Mishnayot:          And you stood on the sidelines and watched.

Defendant 2:              Yes".  (p. 492, s. 26 to p. 493, s. 23).

Regarding the pistol, defendant 2 also gave an evasive and contradictory version, after he did not mention its existence at all in his main testimony.  When asked in the cross-examination about defendant 1's claim to the police that he asked the deceased to leave the gun in the car, he first replied, "I didn't see that he had a gun on him.  I don't remember a gun," and when asked if there was no gun at the incident, he replied, "No, listen to what I'm saying.  I'm not saying there wasn't a gun.  I say I don't remember at what point in the incident there was a gun on him."  When referred to the fact that in his interrogation he said that he grabbed the deceased's hands and did not let him escape while defendant 1 hit him, because the deceased had a gun and he was afraid that he would shoot him, he replied, "So as I said, during the incident the deceased did not have a gun.  I don't remember at what stage of the incident [Defendant 1] took the gun"; he later reiterated his consistent answer that he said things under pressure exerted on him by the interrogators; and in light of the court's comments, he replied that he did not remember saying this at all during the interrogation, did not remember why he said it and did not think properly (pp. 495-497).  As stated, Defendant 2, like Defendant 1, also gave a consistent version in his statements to the police regarding the fact that they had seen the gun before the incident, and made efforts to keep the deceased in the car; Nor did he give any reasonable explanation for the change in the version in this matter.

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