The Defendant's Testimony in the Context of the First Transfer
- The parties disagreed as to the degree of authenticity of the defendant's version in relation to the first transfer of funds, and in my position – an examination of all the necessary data shows that the defendant's version that was given in this context, even though it was given in a "skeletal" form in the first interrogation, is authentic.
- I will mention, as a starting point, that this is the same defendant who, even before his interrogation, admitted on his own initiative to transfer hundreds of thousands of shekels to Ben-Eliezer's account, so that on the face of it, there was no reason why he would deliberately obscure his involvement in the first transfer of funds, other than the obvious explanation that his involvement in the matter was "technical" and therefore he did not remember all the relevant details.
The defendant was asked in his interrogation about the first transfer of funds, and at first stated that he did not remember the circumstances, although it is certainly possible that he transferred these sums to Adv. Noah Lifshitz (the receiver of the lot in Ness Ziona) at the request of Ben-Eliezer (P/6A, p. 28, 9-37). Up Next That First Investigationand from watching the interrogation documentation, it is evident that the defendant tried to recall the reason for which the funds were transferred from his account to the receiver's account, and then noted the following:
"... I remember once I gave money, I don't remember it, I don't remember it. I don't know, maybe my partner Haim (Yechezkel - B.S.) He gave me the money that I would transfer to him, I don't remember. I don't remember... It could be that Haim gave me money to transfer to him, I don't remember..." (P/6A, p. 81, s. 21).
And as follows from the rest of the investigation:
"... It could be... This, it's Haim told me to pass it on, but I don't remember it, I don't remember. I don't remember. I really don't remember. It's for life like giving... A thousand dollars. I don't remember it, no, no, I don't remember, I don't remember. I'm trying to remember, I'm trying to remember what it's like, why, what? Who? What? If it came out of my pocket I would remember it" (P/6A, p. 82, s. 30).