The dubbing in the detention cell at the Hadera station (hereinafter: "the second dubbing")
- An act that happened like this; When the investigators and the defendant arrived at the police station in Hadera, The defendant was put in a detention cell with informants. And here we are., According to the accuser's position, In Passing 18 Minutes, From the moment the defendant entered the detention cell, He confessed to two informants of committing the murder and even went on to confess, On his own initiative, In another incident involving arson.
As I discussed above, The facts of the indictment are based on this confession, Thus, If it weren't for the confession , The accuser does not possess any sharp and clear evidence (Except for suspicions) As to that factual occurrence.
- The parties raised their various arguments regarding this dubbing. On the one hand, The accuser argued the admissibility of the confession and asked to give it full weight. On the other hand, The learned defense attorney petitioned to disqualify the confession from the reasons he listed in his summary.
- According to the accuser's approach, No improper means were applied to the defendant. Admittedly, The language used by the informants at the beginning of the interrogation was blunt, At the same time, Hearing the recording of the subject of the relevant conversation, And taking into account the rest of the evidence, You can see, that the defendant confessed of his own free will. Yes, There is no justification for invalidating the confession, and at most, Maybe it's possible, Damage, In its evidential weight. In this context, The accuser claimed, Because between the minutes 38 - 54 During that conversation, A conversation took place between the informants and the defendant, In this part, the informants used criminal language, This is as part of the embodiment of their character and in light of the task assigned to them and in light of their role. Note, Because, The defendant himself also used criminal language and responded to the informants in a blatant manner. Up Next, The defendant confessed to the informants of the murder, Using open text and while telling the story of the incident continuously. Listening to the conversation, You can get an impression, Because when he told about the murder, he lowered his voice and spoke in a whisper.. Yes, You can read more, Because his words came of his good and free will, so that we were interested in the conversation that took place over who was comfortable.
- On the other hand, The learned defense attorney presented his many arguments, When, according to him, these arguments are sufficient to invalidate the confession, Whether it is against the background of the use of an improper means or taking into account the details of the confession and its contents, From them we can learn about the discrepancy that exists between them and the facts that are not in dispute. The Haganah approach, During the dubbing in the detention cell, The informants have gone through all the known invalid ancestors in a crude and blatant manner, And among them - Threat of use of violence, Violation of the minor's privacy and personal space, Violation of the right to refrain from self-incrimination and the right to remain silent, Infringement of the minor's autonomy and free will, Creating unfair mental stress, Damage to the Attorney-Client Relationship, Unfair tricks, Knowledge and use of details and findings from the police investigation, Including prepared details.
- I will preface and say, Because an in-depth examination of the relevant investigative stage concerning the second dubbing, Indicates the existence of hurdles and bumps that have the power to stop the accuser's journey and interrupt it before he reaches the stage of conviction. Moreover,, There are questions and questions that are on the agenda regarding the dubbing process itself, Lack of visual documentation, The manner in which he behaves and the conduct of the informants themselves. Yes, Up Next, There will be no choice but to refer to the content of the confession that was given, Examining the Confession, Its logic and what is the connection between it and reality?.
The circumstances surrounding the moment the defendant entered the dubbing chamber
- Investigation time - The time when the defendant was put in the cell with the informants: As emerges from the evidence, The defendant was brought into the cell where the informants were staying at around 10:00 p.m., and it was expected that the investigation would continue beyond that time, This is without any reference or confirmation regarding the conduct of this investigation, concerning the defendant-Minor. (I will preface and point out, Because in my opinion, there is no need for such a reference, This is against the background of the nature of the interrogation exercise, As I will discuss later on).
Emphasis, that the defendant arrived at the station in Hadera at the time of the 21:36, Thus it appears from- A/ 76 (Transcript of the trip to Hadera). See also the comment of Investigator C'Hand at the end of the ride (pp' 17 Detail', Lines 33 -36).