Caselaw

Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 32

February 15, 2021
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In her cross-examination, Dr. Gipps clarified that it was not possible to determine whether the skull dome disappeared as a result of injury or fire, but since the upper part of the skull dome is a very thin area, usually in cases of fire at high temperatures, it burns and exposes the brain (pp. 315-316).  According to her, unlike the blood in her body that solidified as a result of the fire, so that it could not be sampled, it was possible to sample urine because the urinary bladder was closed inside the pelvis and the urine inside it did not evaporate.  Regarding the level of alcohol in the urine, she explained that it was found to be 6 mg percent of alcohol, when it was a small amount that could be a post-mortem product; As for the drug, 74 nanograms per ml of hashish acid were found in the urine, and there is no way of knowing whether the deceased used the drug during the incident, or whether it was a decomposition of a substance that had been consumed even a week earlier (pp. 316-317).

The witness confirmed that she could not refute the defendants' claim that the deceased was already dead when the deceased was transferred to the car, and that she could not point to evidence that supports or contradicts their version of the cause of death (pp. 317-320).

The Biological Opinion

The biological opinion prepared by Anat Guest of the Institute of Forensic Medicine on March 8, 2018 (P/86), was submitted with consent.  The opinion indicates that samples taken from the deceased's body, as well as samples from an additional civil hearing of his family members, were received for examination; as well as various exhibits that were collected and sent for examination, including a pair of socks worn on top of each other that were found at the scene about 20 meters east of the vehicle; a swab from a black bag sample seized in a garbage grocery store; swabs from a forensic sample from a rock at the scene; a Shufersal paper bag containing a substance suspected of being a drug; a magazine containing 14 rounds of ammunition seized at the scene; a pistol, a pistol case and a magazine containing 11 rounds of ammunition; and swabs from samples taken from a mobile phone.

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