"137... However,, I am of the opinion that in view of the objective difficulty of distinguishing between a true confession and a false confession, A difficulty that the court has to deal with is news from time to time, In order to prevent the risk of convicting an innocent person,"Security Mechanism" and to disqualify the results of an unfair investigation in which a flawed investigative subterfuge was used.
- Adopting this approach will also make it possible to inculcate among the investigative bodies the norms of proper conduct required when conducting an investigation. Educating the investigative authorities is an important goal, and I have discussed this in the Shemesh case, while emphasizing that:
"The need to ensure that the investigative authorities apply fair interrogation norms is an inherent part of the court's powers and even amounts to its professional and moral duty. In my opinion, a reduced approach to adherence to the classic preventive model expresses a mindset of minimizing the inherent powers of the court, Precisely where proportional expansion is required. In my opinion, The court should not discharge such an important authority, which is in fact one of the concrete expressions of the principle of checks and balances within the framework of criminal law, A principle that constitutes the cornerstone of the constitutional structure in our legal system..."
Continuation of the defendant's interrogation – and the trip to the police station in Hadera (hereinafter: "the third interrogation")
- After the interrogation of the defendant by interrogator Ben Lulu in the yard of the station, As detailed above, He was taken back to the interrogation room. Further, and in accordance with a pre-built plan of investigation, The investigators drove the defendant to the police station in Hadera (See - Testimony of Investigator C'Haad Abu Salah p.' 55 For the record, Row 5).
- Researchers C were present on this trip'Hood Abu Salah and Marza Abzach. The investigators and the defendant set off at an hour 20:21 (This is also confirmed by Investigator G.'Hadd in his testimony before us in his testimony, in the police car on its way to Afula, The recording was played at 20:21 (pp' 55 For the record, Lines 11 -12)) When the same trip took a time that amounts to - 1:15:32, This is in accordance with the time counter of the recording. Conclusion, They arrived at the station in Hadera at 1 o'clock 21:36. Throughout the trip, The conversation was recorded, When in the context of that conversation, the exhibits were submitted to the court file : A/ 74 - The Investigation Disc, A/75 - Duo"H.M.'9 and 9/76 - Transcript edited by Res"II III'Yahad Abu Salah.
The defense attorney's arguments regarding the third interrogation
- According to the learned defense counsel, there are also arguments regarding this interrogation exercise. According to him, Although the defendant told the interrogators, Because he has not yet eaten, They chose to continue an intensive interrogation exercise while completely ignoring the needs of the defendant-The minor and even his medical condition. Moreover, The interrogators completely ignored the defendant's physical condition when he told them, Because he feels exhausted.
- Up Next, In light of the lack of cooperation and misunderstanding, Investigator C'Hud, that the defendant is not interested in speaking, Choose to turn on it Click by specify, Because he has to say goodbye to the city of Afula because he does, There is no telling when he will return to it.
Further down the trip, The defendant felt a sense of distress and suffocation, and therefore asked to open the car window. His request was denied with an explanation, Because this is the feeling that will accompany him later, Also in the detention cell, Over the years.
- Moreover, As claimed, The researchers violated one of the clear prohibitions set in the case law, Regarding the relationship between a lawyer and a suspect. After all, - A well-known rule is, that investigators must not try to undermine the defense attorney's status in the eyes of the suspect or to try to advise him to act contrary to the advice of his lawyer.
According to the defense attorney, While the defendant warned that he was tired, Hunger, Exhausted and sick and after a day full of various events, first and foremost the suspicion that was directed at the defendant in relation to his involvement in an act of murder, The interrogators improperly tried to put on the defense mantle.