Caselaw

Serious Crimes Case (Haifa) 9375-05-21 State of Israel v. David Abu Aziz - part 126

March 24, 2026
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The murderers are two young men - is it true?

Ruthie Arnon, the widow of the deceased who was by his side when he was murdered, used the term "two young men" in reference to the two who murdered her husband.  The defense argued that this was the only eyewitness, but that the investigative unit had consciously chosen to ignore this version, and had chosen to conceal from the court the version that was given in front of the body camera of the patrol member Ofir Baum (P/366A), which was discovered only during his testimony before us.  It was also claimed that the investigative unit did not bother to try to confront Ruthie Arnon with the character of the defendant, did not conduct an identification lineup, did not try to assemble a cluster, and only after about a month an investigator was sent to her home to ask her why she claimed that they were two young men.  This conversation was also not properly recorded, filmed or recorded, even though we are dealing with an obvious investigative action, when a version is taken from the only eyewitness and the suspect who has been detained for many days is not young at all.

The defense's arguments are strengthened and the video in which Ruthie Arnon is seen talking to Ofir Baum and saying several times that we are dealing with two young men was indeed located only during his testimony, following the court's questions.  We will add that even in the reenactment of the incident that happened to Ruthie Arnon (on March 29, 2021, P/257A, P/257A1), she was not asked even once why she called the deceased's murderers "young".  However, Ruthie Arnon referred to this during her testimony in court (2 May 2022, p.  31, paras.  20 ff.).  She explained that she did not see the faces of the two, they were wearing "teddy bear" coats, their heads were apparently covered with a hat as seen in the security camera footage, and their faces were covered with a mask (a corona mask).  These factual data did not allow Ruthie Arnon to determine that these were young people, especially in view of the emotional turmoil she was in after she witnessed her partner brutally murdered in front of her eyes, and therefore we are dealing with a presumed conclusion, and not an unequivocal assertion that deals with the age of the two.

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