The prosecution also seeks to learn from the defendant's denial of Ben-Zaken's role in assisting Yariv's business, as evidence of the unreliability of his version.
- The defense argued that the prosecution failed to present sufficient evidence of the transfer of funds between the defendant and the adversary, given the fact that the defendant's version of the money loan was not conclusive, confused, and in the absence of any supporting evidence in the form of bank account outputs, the testimony of an adversary (who did not testify at trial) or other testimonies.
The defense summaries stated: "In fact, Avraham (Defendant – B.S.) He was the only one to tell in his interrogation about the granting of the loan, and even with great reservations, a careful tracing of his statements shows that Avraham – from his first interrogation – is not at all certain that he gave a loan to Yariv" (paragraph 81 of the defense summaries).
Thus, the defense referred to the fact that in the defendant's third interrogation, which took place two weeks after he tried to remember whether he had given a loan to an adversary, he told the investigators that he had not been able to reconstruct the incident, and as he said: "I really can't reconstruct, I thought I thought I couldn't recreate if I brought it to him or I didn't understand (Tz"l I brought – B.S.) 36. I can't do it, you know, I've had a lot of time. I really have everything I need, I searched, and I couldn't find" (See the full quote in Bat/3a, p. 5, 20-28).
In the same context, it was noted that this was not the only time that the defendant was confused in his interrogations, confusions that were actually to his detriment, and similarly he initially told the investigators that he had transferred a loan of $600,000 to Ben-Eliezer, while we know for sure that it was a loan of $400,000. It was noted that the defendant was a man of giving, and if he did remember a request from a rival for a loan, it was clear to him, against the background of his character, that he had also given these funds even though in practice, these funds were not given (paragraph 91 of the defense's summaries).