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Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 46

February 15, 2021
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In his last interrogation, when asked why he was afraid of Defendant 2 when they went to buy fuel, he replied that "in the same incident that [Defendant 2] hit the deceased after I told [Defendant 2] that the deceased was breathing [Defendant 2], he simply looked at the deceased with a smile and... He started beating the deceased with a smile on his face, so I was just afraid that the person wouldn't do the same to me."  When asked why he did not say it earlier, he replied that in detention he reconstructs things that had been erased from his memory earlier, and added that although at that time defendant 2 did not threaten him, he was simply afraid of him when he saw him like that (P/9 S. 81-93).

Regarding the claim that the investigation material indicates that he and defendant 2 committed all the acts and murdered the deceased together, after planning, with full awareness and composure, and that they had many opportunities to stop the acts but they did not do so, defendant 1 replied that he did not know that defendant 2 was going to murder the deceased, and that "I am guilty that somehow I was not able to think in the right way and call the police, I am just afraid, I did everything he told me, I was also afraid that he would feel that I was afraid From him."  When he was told that he himself had said that Defendant 2 did not threaten him during the incident, he replied, "I saw [Defendant 2] murdering a person in front of my eyes without batting an eyelid and even smiling at a certain point, how can I not be afraid of such a person, tell me...  I was just scared to death of him, I was so afraid to show him that I was afraid" (ibid., pp. 264-284).

Regarding the arson of the vehicle while the deceased was in it

In his fourth interrogation , defendant 1 claimed that after the beatings, they dragged the deceased by the legs, took him to the car, and defendant 2 suggested that they set the car on fire so that there would be no evidence left; and he also offered to move the car to a slightly more remote location, but it turned out that the steering wheel was locked and they were unable to start the vehicle, so they dragged it a little until it got stuck in a stone.  They walked to a gas station to buy gas, a lighter and a flashlight, because during the incident he had lost his house keys and Defendant 2 had his glasses, and they were only able to find the glasses; However, there was no flashlight at the two gas stations they entered, and they decided to buy a lighter and fuel and use the deceased's phone instead of a flashlight (P/4, pp. 5-6).

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