(pp' 486 For the record, Lines 6 -9).
- In his cross-examination, the defendant was confronted with some of his statements, As stated in this dubbing. II"As the accuser raises a question while raising a question will be - Why at that moment, It was time for his uncle to pick him up., The defendant did not stop the meeting with the informants without providing them with information about his whereabouts and why he did not share with his uncle and/or his father for the existence of such an encounter. In relation to this, he replied:
A: ... I'll leave it open like this two criminals stop me in the middle of the city God knows how they got to me .....
....
Q: So you won't tell anyone, you won't tell your uncle, you won't call your father?
A: I was afraid that they would take my uncle out of the car so that they wouldn't hit him
Q: Why should they beat him? Did they raise their hands on you?
A: But no, but he told me ,
Q: ...
A: Yes, he tells me I won't fall for you ......"
(p. 555 of the transcript, lines 14-25).
- Later and during the cross-examination, The defendant confirmed, That the pair of words "Mistaken identification" Came out of his mouth for the first time. The informants did use the word "Mistake" Throughout the dubbing. Hall, Pair of Words "Mistaken identification" Came out of the defendant's mouth (pp' 555 For the record, Row 1).
- From hearing the dubbing tape (A/141) and reading the transcript of this tape (A/ 140), Alongside the exhibits that were submitted in the same context and against the background of the testimonies of the informants Aberg'11 6Bohbot, Alongside the defendant's testimony in the same context, Rising, Because a number of questions and questions arise for them, As detailed below:
- How the conversation played out throughout the dub? Whether any external means of pressure were applied to the defendant during the dubbing? What does the choice of names mean "Aberge'Yul" and "Bohbot" and specifying places such as; "Harish" For example, This is in addition to the use of other expressions such as "One People", "Chava" And more. Why did the defendant choose to continue the conversation with the informants as soon as an opportunity presented itself to him to evade them?? And in general, What did the third party who was present at the dubbing and stay in the car do and why was there no visual documentation of that encounter??
- First of all, I will note, It is impossible to remain indifferent in the face of the body structure of the two voices/The Adults, This is compared to his lean physique/Minor of the Defendant/The minor. We were impressed with his own eyes by their physique, As the learned defense counsel even sought to draw his attention to this (See - pp' 258 For the minutes of the 29.3.17 Lines 2-1). These are two voice-overs with large builds; Especially in relation to the defendant.
- In addition to this, Lack of visual documentation of that encounter (Even in a situation where there is no obligation to make such documentation) Presents the court with a situation of inability to observe the act of dubbing effectively and fully. Yes, Absence of such documentation , sets stumbling blocks before the court when it comes to examining the defense's arguments in relation to the defects and/or improper moves taken during dubbing. This is doubly valid, When it comes to an act of dubbing done by police officials, And when we are dealing with a minor defendant. Add to this, The act of dubbing was done even before the defendant was warned and even before he was in the status of "Suspect" In the commission of any offense. Hence, In cases such as this, The investigating authority has an increased duty to protect the rights of the defendant/The minor and act with extra caution so that his rights are not violated.
The Importance of Visual Documentation and its Potential to Provide the Court with Better and More Effective Tools to Understand the Events as They Exist (Whether it's about body movements, Meeting place, Clothing, The physical closeness between the parties, Form of behavior, etc.') They are among the most famous. Regarding the importance and necessity of visual documentation, see reference below (At the stage of discussion and decision regarding the second act of dubbing).
- As to the question of the use of the invalid patriarchs, During his testimony before us, Noted by the informant Aberg'Yul:
"During the exercise, no pressure measures were applied that were included in the invalid patriarchs. Anonymous, The suspect was not threatened, he did not feel threatened, At least not for me, During the exercise there was a case where we had to interrupt the exercise because the suspect was picked up by someone from his family, Ben David, In my cousin's car and went to get a haircut. He was not held in the conversation against his will, You can hear from the conversation that I tell him several times that I have nothing to do with him." (pp' 221 For the record, Lines 20-15).
- Moreover,, According to the witness, The defendant cooperated, And he could have ended the conversation at any stage of the dubbing and thus brought the investigative exercise to an end. The exercise continued and did not stop as a result of the defendant's cooperation with the informants, and he even asked them to come to the barbershop. (pp' 222 For the record, Lines 1 -5).