It should be clarified at this point that the evidentiary basis on which the accuser relies consists of an extensive body of circumstantial evidence, which, in its accumulation and combination, leads to one and only reasonable conclusion, according to which the defendant took part in the murder planned as a joint perpetrator. In these circumstances, the judgment will be required, with respect to any relevant evidence, to the question of whether a factual finding can be based on it, and consequently to the question of whether the body of evidence as a whole complicates the defendant in the commission of the offenses attributed to him. Finally, the question of whether there is an alternative explanation to the system of circumstantial evidence, which establishes a reasonable doubt as to the guilt of the defendant, will also be examined. The reader will therefore be patient and allow me to lead him from one circumstantial element to another, until the overall picture is formed, which will enable a firm determination regarding the status and part of the defendant in the events. And now, for a more extensive picture of the charges, the key figures and the vehicles involved.
The indictment in full:
General Part:
There was a bloody dispute between the Musrati family and their associates and the members of the al-Awah family and their associates, which led to victims from both families. On June 8, 2022, a Mitsubishi Outlander L.Z. car was stolen from its owner, at 35 Yehuda Hanasi Street in Bnei Brak . 39-864-31. On March 15, 2022, a Toyota CHR, L.Z., was stolen from its owner, at 2 Har Meron Street in Herzliya. 455-26-301.
The Facts:
On an unknown date, on 26 August 2022, following the bloody dispute, the defendant and at least three others, whose identities are unknown, decided to kill Arfafan al-Wahwah, born on 19 September 1966. In order to carry out the decision to kill, the defendant and the others conspired to commit Arpafan's murder by shooting at his car, while he was traveling to his place of work in Holon or on his return. In order to implement the plan and as part of the contact, the assassination squad was equipped with the stolen vehicles, cell phones, rubber gloves, masks to hide their identities, and weapons with matching ammunition. She also equipped herself with incendiary materials for the purpose of destroying the evidence after the murder plan was carried out. Prior to the relevant date of the indictment, the defendant and the others or anyone on their behalf replaced the original license plate in Mitsubishi with a replica license plate from a similar Mitsubishi body, numbered 14-725-34, and the original license plate in Toyota with a replica license plate from a similar Toyota body, numbered 871-01-302.