A sample taken from the gearbox and brake lever found a partial profile of a male individual, which matches the genetic profile of Abd al-Hadi, along with an indication of another residual component. The sample from the driver's seat area consisted of a partial and disassembled mixture of at least two individuals, with a possible match for Summer and Abed al-Hadi. As a result, a process of analysis of the mixtures was carried out on the basis of a probabilistic genotype, in which support was found "to a very strong extent" (a visibility ratio of over 14) for the claim that 'Abd al-Hadi and two other individuals who are not his relatives contributed to the mixture, and only "moderately" support (a visibility ratio of about 3.3) for the claim that the donors to the mixture were Samer and two other individuals who are not from his family.
As can be seen, no DNA samples of the defendant were indeed found in the Mitsubishi , and against this background the question arises as to whether this fact undermines the strength of the evidence linking him to his stay in Mitsubishi, in view of the connection that was proven to subscriber 685, that there is no longer any dispute that he was held in the Mitsubishi for all the relevant hours on the day of the murder. In my opinion, a negative answer is required in this case, for the following reasons. First, the accuser rightly referred in paragraph 144 to her summaries to the customary precedent, according to which, as a rule, the absence of forensic findings does not lead to the acquittal of a defendant, and emphasis is always placed on the positive findings and not on the absence of them. I am of course aware of the position of case law from recent years, according to which there may be cases in which there will be a certain evidentiary weight even for the absence of evidence, but this only in cases where a clear conclusion is required that evidence of a certain type should have been found, and there is no explanation for its absence (see, for example, criminal appeal 5285/20 Tahimer v. Israel Land of Israel (20 August 2023)).