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Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 99

February 15, 2021
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In his cross-examination, the witness rejected Superintendent Michaeli's claim that at a certain point his friend Herzl Moyal was told that they should hire a lawyer, and claimed that although he was not present with his friend when he spoke with Superintendent Michaeli, he believed that his friend would have brought such a recommendation to his attention (pp. 516-517).  It should be noted that despite the difference in versions regarding the conversations that took place between Superintendent Michaeli and Herzl Moyal, the latter was not brought as a witness on behalf of the defense.

Defendant 1 claimed that even before he went out with Detectives Hamami and Buskila to point out the location of the drugs, he had already seen Defendant 2 there "with tears in his eyes and a black bag on his back" and realized that something had happened; and when they came out, Detective Hamami "tells me you don't know what your partner said about you, I think differently in your place, murdering a human being is not easy,  Where are the weapons, all kinds of comments like this are thrown there, interludes were also thrown, it's not a continuous conversation and I understand at that moment that something was said...  There are all sorts of other sentences thrown at me when he says to me, "What, did you hit him with a stone? And you don't look like a person planning murder, and I understood, more or less, from what he told me what happened during the interrogation with [Defendant 2]" (pp. 360, paras. 4-14).

When asked what happened afterwards that caused him to confess when he sat with Detective Hamami in the smoking corner, Defendant 1 replied that he and Detective Hamami went out for a cigarette break in the smoking corner, had a small talk during which the detective told him , "Listen, you really look like a good boy and what your partner says I don't think it's true...  You know, he says you planned everything in advance, he says you came in advance with a weapon to kill him...  He puts all the blame on you and I really don't care about you, but you look like a kid who is okay, if you come and prove that he is lying and that he did it then I tell you that you will go home for sure, I have been a policeman long enough...  You will be able to get out of here, because according to what he says, you will not get out of here" (p. 361, s. 24 to p. 362, s. 7).  Defendant 1 confirmed that he cried during the conversation, but claimed that he did not tell Detective Hamami that he wanted to tell the truth, but rather "I tell him to listen, I don't know why he said that, it's not what happened and he told me it won't help if you tell him what happened, get him out in a bad way and you can go home.  You helped us bring the drugs, you helped us bring the gun" (p. 362, 15-17).

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