It should also be noted that Israel Madar was summoned to testify on behalf of the defense and his testimony was heard. All that was said by this witness was that he heard from his brother (Yosef Madar) who passed by him that someone had attacked him (p. 585, line 6). The defense also tried to summon Yosef Madar to testify on its behalf, but without success. This is because he was, at the time, abroad. It should also be noted that the investigating authorities did not bother to take testimony from that witness at the relevant times, shortly after the murder. In the course of his interrogation in court, interrogator Salameh was asked to provide an explanation for this omission and was unable to provide a satisfactory explanation (p. 167 of the transcript).
- The defendant's relationship with Y. and the assaultIn his main testimony, the defendant stated that he knew Y. through a young man named Or Suissa (p. 481, line 18). Yes, he knew Or from the school when they studied together at school (p. 482, line 4). The defendant added that he owes money to Or; Debt originating from a card game. Later, as to the nature of his relationship with Y., the defendant testified as follows: "With Y., there was no transitional relationship, except for Shalom Shalom, because he was a friend of Or, they would come to me several times. After he told me, after I told him he wasn't getting the money for Or, so he told me like don't worry." (p. 482, lines 12-14). Later: "So about three days before what happened in S.'s store happened, I was sitting with my uncle Nadav with some friends in the city and just then Or passed by and told me what was going on with the money? And I told him to forget about the money... So he told me don't worry. Then on March 2, someone came into S.'s business and attacked me" (p. 482, lines 18-21). The defendant did not file a complaint in connection with this incident (p. 483, line 5) and did not even want to indicate who attacked him. According to him, he does not want to be a prosecution witness (p. 483).
In his cross-examination, and after he was promised that no indictment would be filed against the person who attacked him, the defendant said that Y. was the one who attacked him and that S. had advised him to "Lower your profile and move to Balfouria so that the situation doesn't get worse"This is against the background of a financial debt that the defendant owes Or. (p. 530, lines 23-27).