According to counsel for the defendants, since this is a man with no criminal record, who is being interrogated for the first time by the police for such a serious offense, the interrogator should have explained the matter to him in its entirety, and examined whether he understood the suspicions against him and whether his waiver of the right to counsel was explicit and genuine; The interrogator should have even insisted on this and forced him to consult a lawyer.
Fifth, it was argued that the flaw in the manner of the interrogations of Defendant 2 was not cured, and therefore the statements he made after consulting a lawyer should also be disqualified, since "as soon as a suspect commits himself to the version, it is almost impossible that when he is confronted by interrogators, he will go and change his version. A suspect should not be expected to do this, certainly one should not expect a suspect without experience" (p. 526); During the ISA, defendant 2 referred to the judgment given by the Central District Court in the Duma murder case.
Regarding Defendant 1, it was claimed that Defendant 1's first confession was given after a conversation with Detective Hamami in the smoking area, a conversation that was not recorded and which was recorded in a memorandum by Detective Hamami only a few days later. According to counsel for defendant 1, the very existence of the conversation came up for the first time in the hearing to extend the detention of defendant 1 on March 1, 2018, by his attorney at the time, Adv. Zaitsev (P/2), i.e., even before it was documented by Detective Hamami; This indicates that there was an unusual conversation as far as defendant 1 was concerned. Therefore, and in the absence of accurate documentation of the conversation and its circumstances, it is argued that the version of Defendant 1, according to which during the conversation, Detective Hamami shared with him details from the interrogation of Defendant 2, and following receipt of these details, he gave a false version intended to incriminate Defendant 2, and to extricate himself from the file.