The claim that the phone was returned on Sunday evening and was not in the defendant's possession over the weekend
The defendant testified in this context that he received the A32 back from Samer only on Sunday, 28 August 2022, at around 21:00-22:00 at 'Udai's home in Kiryat Eliezer in Haifa. According to him, he stayed only with Udai, not with Samer, and the meeting with Samer was at Udai's home. The defendant further claimed that Summer was the one who changed the SIM card from 685 to 761, and that the defendant himself was not even aware of this until this information was brought to his attention by his attorney only after he was arrested. About Summer's new number, 760, he heard from him when his phone was returned to him, which still included, as far as he knew at the time, the original SIM 685.
However, all the components of the aforementioned version do not stand the test of reality. Thus, at 21:03, the defendant was located by means of a 401 subscriber at Samer's address on Khoury Street in Haifa, and only at 22:38 can a location be found in the area of Kiryat Eliezer [P/73 - from a small plaintiff, subscriber 401]. Moreover, the location at 21:03 is based on an outgoing call from the 401 subscriber to the 760 subscriber, which according to the defendant was not known to him until the meeting in which he regained his phone. Therefore, either the meeting with Samer did not take place at Udai's at the time the defendant testified, or the number 760 was already known to the defendant even before the meeting. The defendant was confronted with these difficulties, had difficulty providing convincing explanations, and finally confirmed that if he called from 401 to 760, it was probably after he had already received his phone back.
However, media data indicate that SIM 761 was installed on A32 only at 10:11 p.m. on the same day, i.e., more than an hour after the defendant, according to him, had already received the phone back [see P/187 - Part One - Section 10 and P/116 in section 4(g) and the Appendix, where the exchange of subscription 685 for subscriber 761 in a family WhatsApp group at 22:13 (after adjusting to the local time - H.T.)]. The necessary conclusion is that contrary to the defendant's stubborn claim in his testimony, the defendant was aware of the SIM switch from 685 to 761, and in fact the change was carried out by him, or at least with his knowledge and presence. If any further doubt remains, it is lost in view of the content of two update messages that the defendant sends immediately afterwards from the telephone, to the respondents with whom he is in continuous correspondence. Thus, at 22:14, he writes to the subscriber 054-9748557 (hereinafter: "557") "This is new", and two more minutes later, to the subscriber 050-2182652 (hereinafter: "652") "This is new to me".