See below: "... I understand what you want me to do if I don't remember it. I don't remember it. I swear to you by God and what you want in my father's grave, I don't remember, I don't remember it... I also told you that it is possible that Haim gave me the money, told me to transfer it to him, it could be... No, that's why I don't remember it because it doesn't interest me. I didn't care about the 260,000 shekels, I don't remember(P/6A, p. 93, para. 15, to note that in the transcript that was submitted, it was noted next to parts of the sentence – "an unclear word", but the words are heard in the recording – B.S.).
Viewing the interrogation CD (P/6B) shows that the defendant did everything possible to provide the investigators with a complete and complete version, and where he did not remember certain details, he made efforts to extract these details from his memory. It is important to note that the investigation did not refer to events that were "fresh in time" but to events that had occurred several years earlier, and therefore not in every case should be attributed to the fact that the version is the product of a gradual process of memory. A partial memory of certain data, insofar as it is proven to be marginal in a person's consciousness, does not necessarily indicate that one is holding an incorrect version, and things must be learned from all the circumstances.
- In his second interrogation, which took place on 20 August 2014 (about two months after the first interrogation), the defendant was asked again about the first transfer, and noted the following:
"... What I do remember for sure, was that Haim Yehezkel asked me to transfer $60,000-70,000 to Fouad Ben-Eliezer, I don't remember the period when Haim asked me to do so. I do remember that it was spoken after Fouad was released from the hospital. That's what I remember, I do remember that Fouad Ben-Eliezer called me and asked me to transfer these sums to an account number he gave me or to my secretary. So we transferred to the aforementioned account the sums that I had been asked to transfer to Fouad by Haim Yehezkel. To your question whether Haim Yehezkel made sure that I transferred the $60,000-70,000 to Fouad Ben-Eliezer, I answer that I and he are partners, I informed him or he asked me and I answered in the affirmative." (P/7, p. 3, s. 58).
- As part of his testimony in court, the defendant described the circumstances that led to the first transfer of the funds, and reiterated the main points of his version, according to which the funds were transferred At the request of Haim Yehezkel He added that for the purpose of transferring them, He was assisted by a man named Asher Stoller, who lent him the sum of money, which was later transferred to the receiver's account for the lot in Ness Ziona.
This is what he testified: