Caselaw

Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 29

February 15, 2021
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On February 27, 2018, at 01:42, the deceased sent defendant 1 a message: "I am with you for 35 minutes" (P/28).  At 01:46 the  deceased calls defendant 1 (call 01-46-25), informs him that he has finished working and that in forty minutes he will be with him, defendant 1 asks him, "Are you Suliko?" To his question, he explains that the intention is if he is alone, and the deceased replies, "I am alone, of course."  Apart from the call that came out of the deceased's phone at 02:41 and was not answered, this was the last conversation that took place that night between defendant 1 and the deceased or between the defendants themselves.

The day after the incident, on February 27, 2018 at 1:24 p.m., N., the spouse of the deceased, called defendant 1 (conversation 13:25:03; conversation 10, p. 27, p. 30), and asked when he had last seen the deceased, since she had not found him since last night, defendant 1 replied that he did not know, that he waited for him yesterday because he should have come to him after work, and even sent him a message that he was on his way.  But he didn't arrive in the end; N. asks what time it is, and defendant 1 says it was "around one or something", and that since then the deceased has not answered his phone.  N. says that she was at the deceased's house but he is not there, the car is not in the parking lot and no one knows where he is; Defendant 1 asks if it is possible that he jumped for his person to "renew", and N. replies that it doesn't make sense that he is not there until this hour, starts crying and says that she is afraid that something has happened to him, and Defendant 1 tells her not to worry, that there is no reason for anything to happen to him, and that maybe he was just lingering in the center with his friend.

On February 27, 2018, at 3:23  P.M., Defendant 1 calls Defendant 2 (Conversation 15-23-25; Conversation 13 Bat/27, p. 32), asks if the bus leaves at 5:30, and Defendant 2 responds that at 5:30 and is heard asking someone named Maayan when the bus is leaving; Defendant 1 tells him not to tell her that he is talking to him, and asks, "You son of a bitch, did you go to work at the end?"Defendant 2 replies "Yes brother, I told you", and Defendant 1 says to him "You bitch of a slut, and then I told you my brother don't go because then you take me out with a bad look"; Defendant 2 says that everything is fine, that he has already spoken to Spear and that he has nothing to worry about, Defendant 1 asks if he told her the truth, Defendant 2 replies "Yes brother,  I told her," and then he says, "Just my brother."  Later, Defendant 2 asks, "Say, is there anything new? Did you see anything? Or is nothing in the meantime?" And defendant 1 responds, "Regarding placement? I haven't heard anything yet, but brother, let's talk, brother, we'll talk."

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