If so, the main question in dispute is whether the defendants planned to kill the deceased in advance, and carried out their plan in the manner described in the indictment, which is based in large part on the defendants' statements to the police; Or, perhaps, as the defendants argue in court, their statements to the police should be disqualified or rejected due to flaws in them, and it should be determined, on the basis of their version in court, that they only planned to intimidate the deceased and caused his death accidentally and without intending to do so.
The course of the trial
On behalf of the accuser, the police investigators testified mainly that they took the statements of the defendants and carried out various investigative actions in the case, including the commander of the Lachish Police Division, Lior Zohar (hereinafter – the commander of the Central Intelligence Unit), the commander of the interrogation division, Chief Superintendent Michael Michaeli (hereinafter: Superintendent Michaeli), and the investigators Shai Lazmi (hereinafter – the investigator Lazmi). Nahum Malichi (hereinafter – the investigator Malichi), Ofer Benita (hereinafter – the investigator Benita), Asher Hasson and Dasali Avera. Detectives who assisted investigators in the incident also testified, including Adi Hamami (hereinafter: Detective Hamami) and forensic opinion editors; A great deal of material was submitted with consent. In addition, the spouse of the deceased, a refueler at a gas station where defendant 2 entered, and a friend of defendant 2 who spoke with him after the incident, testified, and statements of other witnesses were submitted with the consent of other witnesses.
The defendants and the father of defendant 2, Mr. Eli Maslawi, testified on behalf of the defense.
Below we will review the main testimonies and evidence that were brought before us. It should be noted that all references below, unless otherwise stated, are for the minutes of the hearing.
The course of the investigation