Caselaw

Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 28

February 15, 2021
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On February 26, 2018, at 6:35  P.M., the deceased called defendant 1 (call 18-35-31; conversation 21, p. 56), informing him that he had left for work and asking if the money would be available today, defendant 1 told him not to worry, and the deceased told him that he had already been delayed with money and had problems.  The deceased tells defendant 1 that at 2:00 a.m. he will finish his work and at 3 will be in Sderot; Defendant 1 says that he will come to him later and take it, and the deceased says that when he arrives he will "knock" on his door.

On February 26, 2018, at 9:27 P.M., defendant 1 called defendant 2 (conversation 20-27-21; conversation 31 at p. 72; and P/70).  Due to the importance of the conversation, it will be quoted below in full:

 "Defendant 2: Jojo

Defendant 1: Oh my brother?

Defendant 2: Tell me, what do you say, what is his name in Israel? Just a family name.

Defendant 1: Why?

Defendant 2: Tell me, what, I need to check something

Defendant 1: Shimonov

Defendant 2: Check Are You Sure

Defendant 1: Yes

Defendant 2: You check me 100%

Defendant 1: Check my brother, this is Ephraim Shimonov.  Why?

Defendant 2: He doesn't have anyone in Israel?

Defendant 1: Why

Defendant 2: He doesn't have anyone in Israel?

Defendant 1: He doesn't have a brother, he doesn't, the man is my brother not from Israel

Defendant 2: He doesn't have family here, uncles?

Defendant 1: Nothing, no family, my brother

Defendant 2: Come on, brother, I'm getting organized for half an hour and forty minutes, I'm going out to you..."

At 9:44 p.m., the deceased calls defendant 1 (call 21-44-49; conversation 32, p. 27, p. 73 – it should be noted that in this transcript there was also a mistake in the identification of the speakers), informing him that he will finish his work in two and a half to three hours, and asking to be available.

At 10:35 p.m., defendant 1 calls defendant 2 (conversation 22-36-06; conversation 33, p. 27, pp. 73-74) and asks where he is, defendant 2 informs him that in a few minutes he will arrive at a central station and from there take a train to him, and then says, "Listen, question"; Defendant 1 says "Well, not too much, brother" and in the background the voice of a girl (apparently the neighbor Vera-G.S.) is heard saying "Yes,  There are girls here"; Defendant 2 laughs and asks, "Gloves?"Defendant 1 replies "Everything is good", Defendant 2 asks "Okay, rubber?" And Defendant 2 answers "everything."  At 11:23 p.m., defendant 1 calls defendant 2 (call 23-23-59; conversation 35, p. 76), who informs him that the train is delayed by 20 minutes, and tells defendant 1 to arrive at the central station at 12:30 a.m.  Later, from 23:52 the defendants correspond on the phone, Defendant 2 writes to Defendant 1 that he does not arrive at the end, but then writes that he is laughing and that he is in Ofakim, and at 00:02 asks Defendant 1 to get organized and leave for the station (P/28).  At 00:20 Defendant 1 calls Defendant 2 (call 00-20-12), Defendant 2 informs him that he has arrived in Sderot and that he is at the station, and Defendant 1 tells him to proceed to him.

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