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Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 57

February 15, 2021
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Later, they arranged to meet with the deceased on Monday night, the deceased said that he would finish work at 02:00-03:00 and then he would arrive at the house of defendant 1 and when he arrived, defendant 1 told him that he wanted to go to some forest; when they got there, they got out of the car, and defendant 1 told him to walk with the deceased in the area so that he would stand behind them (ibid. at 16-20).  When asked what they said to the deceased when they met and why he agreed to go with them to the forest, he replied that the deceased came to the house of defendant 1 on Monday afternoon to give him the drugs, and defendant 1 told him that in the evening he would give him the money, and when they met he told him that they were going to a place where he would receive the money for the drugs, so he drove.  When asked what defendant 1 said to him on Monday before the deceased arrived, he replied, "He told me he wanted to take him down, I told him that there was no need, you could just scare him, threaten him and then he would run away, [defendant 1] told me no, we had to kill him and then what happened happened was that we went to the forest and I walked around with him and then [defendant 1] was in the back and just gave him a sock with the stone in his head" (ibid. at 39-47).

At a certain point, after he was also warned on suspicion of committing offenses of robbery and possession and transportation of a weapon, and denied any connection to the deceased's gun, Defendant 2 said: "I have nothing to do with this story, I don't believe I did it, I don't believe I connected with this kind of person, I don't believe how I even agreed but I listened to him at all.  [Defendant 1] planned everything...  I didn't plan it, I'm not a murderer, I can't even think of taking down a person."  In response to the interrogator's questions, he added, that Defendant 1 "planned everything, told me exactly where to meet him, I explained to him that I don't want to kill him, it's not true, but [Defendant 1] told me nonsense, you can take him down, I tried to convince [Defendant 1] on Monday not to kill him, but [Defendant 1] told me that I had to kill him and I didn't want to, [Defendant 1] told me I couldn't go, I couldn't run away now." (ibid., at 109-117).  According to him, when he arrived at the house of Defendant 1 on Monday night, Defendant 1 explained everything to him about the plan, and to a request that he elaborate, Defendant 2 replied as follows (paras. 122-135):

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