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Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 63

February 15, 2021
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Referring to the fact that in his previous statements he said that the day before there was a plan to "take down" the deceased, defendant 2 confirmed that defendant 1 had planned it beforehand; and said that on Sunday defendant 1 told him that he wanted to "take down" the deceased, since he wanted to steal the drugs from him and not pay for them, and when he asked if he was serious, defendant 1 replied that he was just kidding and that after they met with the deceased and saw how the substance was,  They will decide what will happen.  After being referred to the fact that in his previous statements he claimed that he had suggested to defendant 1 that they would only frighten and threaten the deceased, and after he was told that he appeared to be a full partner in the plot to harm the deceased, defendant 2 replied: "I told him, 'There is no way we should kill a human being, if you want to, you can threaten him just with laughter and take it away from him and run away'...  He said it didn't make sense, we had to kill him, I told him, 'There's no way I'm going to kill him, I'll buy the drugs and that's it,' I agreed."  After being accused of saying that his version that he had arrived as the buyer even though he had arrived without money was illogical, and that he was embroiled in lies about the purchase of the drugs since they both intended to harm the deceased in advance and did so, he replied, "I didn't know that he, as soon as he wanted to kill him I was just shocked, I didn't want to kill him, I didn't..." (ibid., at pp. 30-32).  Later, when asked why he did not mention what he said in the interrogation that defendant 1 had planned everything and told him so both on Sunday and on Monday, he replied that he was afraid (ibid., at p. 42).

Defendant 2 stated that they drove together in the deceased's car, sitting in the back while the deceased was driving, Defendant 1 suggested that they go to the forest and explained to the deceased where to go; He claimed that only on that day they saw that the deceased had a gun, and repeated his statement from the previous statements, that when they arrived at the forest, defendant 1 conditioned the payment of the money on the deceased leaving the gun in the car, and the deceased agreed to this (ibid., pp. 29, 33).  According to him, defendant 1 told him to talk to the deceased about the drugs and that they should continue to advance to the place where he hid the money, when he and the deceased went and talked from the front and defendant 1 walked from behind; The deceased asked several times where the money was, but he did not know where defendant 1 had hidden it, and when they arrived at the scene, the deceased asked it for the last time, and at that moment defendant 1 hit him (ibid., at pp. 33-34).

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