As to the date of receipt of the phone back from Samar, beyond the discrepancies and contradictions found between the defendant's version and Udai's, and the lies found in the defendant's version regarding the date of the SIM swap for subscriber 761 and his knowledge of that exchange, it was proven with certainty that the defendant held the SIM 685 already in the afternoon hours of August 28, 2022, while he was still in the center of the country and for many hours before he arrived in Haifa and was able to meet with Samer and get the device back from him. These facts were proved by the same telephone call to the Magnet Company at 1:15 p.m., following the information received two minutes earlier from the 401 subscriber, as well as by means of a long list of correspondence of a business nature in the 685 subscriber, which can be attributed to the defendant, throughout the day of August 28, 2022. It is said that from now on, the 685 subscription was in the defendant's possession until the day of the murder, it was in the defendant's possession on the day of the murder itself, it was also in his possession on Sunday, August 28, 2022, and it was in his possession on August 29, 2022, when he was arrested by the police. Subscriber 685 never left the defendant's hands, was not given to Summer, nor was it given to any other person.
Finally, with regard to the alibi claim, I will first mention that although it was delivered only a long time after the indictment was filed and the exposure to the evidence, there were developments in it as well without a convincing explanation being given. Moreover, the defense placed great emphasis on the issue of staying at the Khalil restaurant in the morning, even though the murder itself was carried out in the afternoon. In relation to these dates, the defendant's alibi claim was that he was in the family compound together with many family members, at least between 9:00 and 14:00. Against this background, it was expected that he would be able to testify many alibi witnesses, but in practice no witnesses were called in relation to this aspect except Shaker, his father, who was not at all aware of the trip to Humus and only claimed that he had seen the defendant in the compound before he went out to pray, that is, about 11 o'clock, when the Mitsubishi passengers were in the compound anyway, and Oddai, who gave a fabricated version in his interrogations with the police and whose suppressed and evasive version cannot be attributed any weight to his suppressed and evasive version. A similar perplexity should also be raised with regard to the stay at the Khalil restaurant, since according to the defendant he and Adi met many diners, as well as the car wash personnel, but in practice no alibi witnesses were brought by the defense in relation to these hours. Moreover, the testimony of the owner of the restaurant in relation to the opening hours of the restaurant, even in its most extensive version, is inconsistent with the description given by the defendant and Odai in relation to that morning, and there is no escaping the conclusion that in this context as well, the two gave a fabricated version.