The Honorable Judge Nurieli: You mean, from your experience, any access to the place you were, from what you experienced or saw, was only from these two places?
The witness, Mr. Feinstein: Yes, there is no other entrance." (Transcript of the hearing of October 25, 2018, p. 80)
- In the hearing that took place on November 12, 2019, when he was cross-examined by counsel for defendants 20-21, another order was submitted for the area, on which the witness marked the access roads to the pit, in accordance with his previous testimony, and there too there is no trace of the road from the site of 28 to the pit.
- Moreover, in the same cross-examination, the witness was asked directly on this matter:
"Q. Have you seen trucks loaded with waste leaving the legal landfill site of Koach and pouring into the pirate pit?
- No." (Minutes of the hearing of November 12, 2019, p. 207).
- During his testimony, the witness testified about many observations he made with a detailed description of where each vehicle with garbage on it came from, and none of his descriptions described a vehicle coming directly from the Koach site. Moreover, when the witness was again before me and cross-examined by counsel for defendant 8, he said that:
"Q. It is true that at the time you were involved in the investigation of the case, you were not asked to check whether there were trucks leaving the legal site and dumping waste at the illegal site?
A: I checked where the waste was coming from to the cistern, it came from the Yarchav crossing station, as part of dozens of observations at the site, no trucks were identified that had left the pit with debris thrown into the pit.
- What observations are you talking about?
- of all the investigative material that appears in the file." (Minutes of the hearing of January 27, 2020, p. 233)
- Counsel for defendant 8 continued to make it difficult for the witness and argued that it is possible that from the observation point the witness could not have seen trucks leaving the Kach site, but the witness stood his ground and said: "If a truck is loaded inside the Kach waste site and exits, without specifying the observation point, it is possible to see their exit from the Kach site. I explain that it was possible to see the 28th part of the access road from the landfill cells out in the direction of Qalansua from an open observation point" (ibid., p. 234).
- Even when cross-examination by counsel for defendant 9, the witness replied that: "All the trucks that poured into the pit came from the direction of Qalansua (transcript of the hearing of October 3, 2019, p. 188).
- Neta Henik, a prosecution witness who served as a senior coordinator for dry waste in the Central District of the Environmental Management Center and was involved in the investigation of this case, also testified about a tour she conducted at the site with the Green Police and described the place as follows:
"Attorney Tomer: Wait, I ask how did you get into the pit, where did you get into the pit from?