Caselaw

Serious Crimes Case (Haifa) 9375-05-21 State of Israel v. David Abu Aziz - part 19

March 24, 2026
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We will admit the truth that we too did not understand why the things were recorded in the documents as they were recorded, although it is possible that the source of the error is the similarity between the name of the witness and the name of the accused, but it is not these things that are relevant, but rather what is reflected in the photographs themselves, and as far as its correctness (the Chevrolet vehicle passing in different places) did not arise in dispute.

At this stage, we noted that it seems clear that the defendant was not aware of the existence of an active Ituran system in the vehicle, in view of the place where the vehicle was purchased (a lot for the sale of vehicles), the manner in which the vehicle was purchased (from Eliran Sabag, the car dealer, in the evening, and without documents), and before the procedures for transferring ownership of it were completed, in particular that there was a lot for the sale of vehicles that were involved in accidents and which were subsequently used.  Eliran Sabag also testified that he was not aware of the existence of the Ituran system in the Chevrolet car, and as far as it depended on him, he would not have agreed to install it.  When the defendant was asked about this during his testimony, which referred to the investigation in which the Ituran system was mentioned, he said (May 5, 2024, p.  4142, paras.  16-17), "The fact that there is an Ituran in the car and everything is documented by the cameras, where is the problem? It's good that there is an identification in the car and it's good that everything is documented, it's excellent, the whole country is documented."

In its summary, the defense argued that the Ituran evidence, which constitutes a "cornerstone of the case," is inadmissible evidence, obtained illegally, with severe violation of privacy, misleading the courts, and exposing material failures in the chain of evidence and the reliability of the data.  The defense came out against the collection of data after the service was disconnected, since the Chevrolet was disconnected from the Ituran service on March 12, 2020 (about a year before the murder), and despite this, the Ituran device continued to store data on the vehicle's movements and transmit them.

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