The witness continued to insist on his version that he denied the claim that the defendant had already stated to him on the night of the murder that someone had been stabbed. And this is what the witness said in his testimony before us:That I said it again, I say that he was stabbed, even if I said it in the interrogation, there are things that are also outside the interrogation, okay? All kinds of cups of coffee with Eyal Harari and all sorts of things, I don't want to go into these places, listen, I'm ..... Somewhere there was some attempt to persuade some kind of certain hint this way and that and you will come out and say and then you will be released and everything is fine, ...Later, S. was asked: "Outside the interrogation room, did someone tell you the word stabbed? Someone told you to say that he said in this conversationAnd the answer to this is: "He didn't tell me, he didn't tell me, he hinted to me" (p. 379, lines 16-33).
Witness S. was interrogated at length in this context and insisted on his claim that, as it were, outside the interrogation rooms, he was pressured and hinted at to say what he had said in his statement to the police that, as it were, the defendant referred to the fact that the deceased had been stabbed (p. 389, lines 22-32).
In the course of his cross-examination, Witness S. referred to the course of his interrogation and the interrogators' attempts to extract information from him about the defendant's reference to the cause of death, and he said as follows: "What I understood at that moment was that he wanted me to repeat that supposedly in the very few minutes after the incident, that I would say that (the defendant) called and said, as it were, that someone had been stabbed" (p. 428 of Prut, lines 13-15).
And again, in cross-examination, witness S. emphasized: "... And I'm telling you that he didn't say the word "stabbing" to me..." (p. 440 of Prut, line 19).
- Given the above, the question arises – is there room to prefer S.'s external statement to his testimony here before us?
In this context, we will refer to the instructions Section 10A to the Evidence Ordinance entitled, "You said a witness outside the court." The language of the section is as follows: