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Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 74

February 15, 2021
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According to him, when they returned to the car, defendant 1 opened the driver's door, poured the fuel into the car and on the deceased, took a piece of paper he had found, lit it with the lighter he had bought, threw it into the car and ran away, and when they started running he shouted that the deceased's phone had fallen on him and they continued to run towards the house of defendant 1, with defendant 1 carrying the deceased's property – the gun, tear gas, a case of tobacco and the car keys (ibid., at pp. 8-9,  File 008 on disc, and also on page 13).

In the interrogation after the reenactment of the question of why, after they attacked the deceased and possibly killed him, they did not leave him but went back and set his body on fire, he replied "It was not my idea, [Defendant 1] planned everything I am just out of panic and pressure that he will kill me or if I don't do what he tells me he will kill me too, my life was in mortal danger and believe me that if I could have prevented the situation I would have prevented him,  God is my witness" (P/14 Q. 133-137).

Defendant 2 confirmed that he said that Defendant 1 was the one who held the deceased's phone; But to the question of what he would say if fingerprints were found or another civil discussion of him on the phone, he replied that defendant 1 also let him search for the keys with the phone, and that he did everything he told him out of fear for his life (ibid., at paras. 161-167).

In the confrontation , defendant 2 claimed that after the beatings, defendant 1 began to drag the deceased towards the car, and told him to go open the car and check what was inside, and after he opened the car, they dragged the deceased to the car together, while defendant 1 "began to search him" (P/8A, p. 37).  On the orders of defendant 1, they lifted the deceased into the vehicle and put him in the driver's seat, bent and facing the passenger window; At this point, defendant 1 rummaged through the deceased's wallet, found 15 shekels, and said he would buy gasoline with that money (it should be noted that at this stage in the confrontation, defendant 1 immediately denied the allegation and said that he had taken the money for fuel from defendant 2, while defendant 2 replied that he had no money).  According to him, at this point defendant 1 had already taken the gun from the car and carried it when they went to buy gas.  When asked if he was holding the gun, he replied that defendant 1 let him hold it, but he said he did not want to touch it and returned it to defendant 1; When asked how this fits in with his claim that Defendant 1 threatened him to hurt him, he replied that he gave him the gun after he took the cartridge out of it; When asked why, then, he handed him the gun, he replied that defendant 1 gave it to him "out of enthusiasm", but failed to explain how this was consistent with the claim of threats (P/8A, pp. 45-47).

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