In fact, at the core of the defense's summaries is the fourth layer mentioned above, and the defense attorneys' main argument is that the accuser was unable to substantiate the claim that the defendant had ever been in a Mitsubishi, whereas with regard to the 685 subscription, the argument is that the defendant did make certain and limited use of it in the weeks preceding the murder, but the accuser was unable to substantiate the claim that he had possessed it on the day of the murder itself. The learned defense attorneys also raised a wide range of specific arguments directed at one piece of evidence or another or the conclusions that must be drawn from it, alongside a claim in principle regarding the inadmissibility of the security camera footage seized by the police, due to the illegality of the search warrants by virtue of which the videos were seized.
In view of the above, and the arena of the dispute as it emerges from the defense's summaries, I will of course not ignore the need to establish the first three evidentiary layers detailed above, but I will allow myself to do so in a narrow manner, without expanding on places where this is not required, and I will devote most of the discussion and detail to issues that are in direct dispute between the parties. However, some of the proven data within the scope of these first layers also have implications for issues of importance to the verdict, for example the issue of planning, and therefore all the data required for a decision will be included in the framework of the review of the evidence regarding these levels.
The murder in Ben Gurion Square
If we first narrow the scope and focus on the events at the scene of the murder, then they were recorded and documented visually, from two different angles, in security videos that were brought before us. The first angle is taken from the municipality's cameras located at the entrance to the square from the north, that is, from the direction of San Martin Street, and documents the entrance to the square and its southwestern part, including the exit from it south to Ben Gurion Street. In the footage of these cameras [P/1 - Assistance 1137 - Cameras 25-01 and 25:03, P/2 - Viewing Report, P/4 - Memorandum regarding the removal of the cameras] you can see the Toyota entering the roundabout from the north, from San Martin Street, and a few seconds later the Mitsubishi also enters the roundabout. The Toyota turns left at the roundabout and exits the frame, and at the same time, from Ben Gurion Street, the deceased's Hyundai car arrives from the south. The vehicle in front of the Hyundai is enough to turn right at the roundabout, but the Hyundai itself stops at the beginning of the turn and does not complete it [because the Toyota is blocking its way, as will be immediately clear from the other camera - H.T.]. Shortly afterwards, the Mitsubishi is seen continuing straight down the roundabout into Ben Gurion Street, and at the same time, when the Mitsubishi is a few meters away from the event, the first figure dressed in black is seen standing near the door of the Hyundai driver, and later another figure is joined by another figure, dressed in black, from this angle only her legs can be seen. Despite the great distance between the camera and the action, it can be seen that the first character's hands are extended forward towards the window of the Hyundai driver, in a manner that corresponds to the position of firing a gun. You can also see the Hyundai deteriorating slightly into the intersection, and a few seconds later it continues to deteriorate and exit the frame.