Caselaw

Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 24

February 15, 2021
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On February 21, 2018, at 6:53  p.m., a conversation is entered from the deceased to defendant 1 (conversation 18-52-00 on the disc; conversation 23 at 27, pp. 57-58), in which defendant 1 is heard talking to the deceased about people who also want to "come in", who see him as their main "gardener", both in the matter of growing and selling.  The deceased tells him to leave the issue of the tumor, which he has in his 50th house that he must "kick out" because he owes the person NIS 3,000; Defendant 1 asks him to bring half a gram with him because the person wants to taste it first, and the deceased replies that he should ask for "one" and that he bring money and he will give it to him; Defendant 1 tells the deceased that if he wants he can come to see the man.

On February 22, 2018, at 2:39  P.M., defendant 1 calls the deceased (call 14-38-38; conversation 12, p. 27, p. 31), inquires when he leaves and tries to coordinate with him when to come to him to see "how everything is closed", the deceased asks if there is a situation where he will arrive at 5 p.m., and defendant 1 replies that he will try.  Immediately afterwards, at 2:42 p.m., a person on his phone called Defendant 1 as "we had a neighborhood next door" (conversation 14-41-40), who told Defendant 1 that he would come to him now, but Defendant 1 replied that he could not do it now and that he needed him around 5-6; the young man told Defendant 1 to call him and get him a tasting.  At 2:45 p.m.,  defendant 1 calls "Ahshala Neighborhood Nearby" (call 14-44-26), and asks him if he has hats or a hot neck, and they decide to talk about it when defendant 1 returns.  At 17:24 there is another conversation between the two (conversation 17-23-50) and defendant 1 says that he is delayed.

Later, at 19:07, "We will have a neighborhood next door" calls Defendant 1 (call 19-05-42), Defendant 1 informs him that he is stuck in Ofakim, and on Friday when he is in Sderot they will do all the "closure of the circle"; the guy asks what it is about and Defendant 1 replies that the person has close to 100 grams in the house and that "I want him not to have it.  Period."  The guy asks who that person is, and Defendant 1 replies that he is not known, and that even if he tells him the name it won't help him, and then says that his name is Ephraim Shimonov and that he is dating N., who lived in Ashkelon and immigrated to Israel before that.  And then Defendant 1 says, "You know? I said why not, so you know, there's no one who doesn't need a few camels to have in his pocket, brother."  Later, the two agree that they will talk, that Defendant 1 will show him the apartment, that perhaps he will want to "rent" the apartment next to him, and that way "we will know how to do what needs to be done."

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