Murder under aggravated circumstances - under Section 301A(a)(1)+(7) together with Section 29 of the Penal Law, 5737-1977 (hereinafter: "the Penal Law"); Injury under aggravated circumstances - according to sections 335+334(a)(1) and (2) together with section 29 of the Penal Law; intentional sabotage - according to section 413e together with section 29 of the Penal Law; obstruction of justice - according to section 244 together with section 29 of the Penal Law; threats - under section 192 of the Penal Law.
The Defendant's Answer
The defendant vehemently denied the allegations against him.
His detailed reply was partially given in writing on July 25, 2022, and completed in writing on February 5, 2024.
The defendant confirmed the location of the deceased's residence, and that he was a lawyer.
The defendant claimed that Moshe Einhorn and his sister Dalia Mandel were the heirs with the rights in plots 48 and 50, while Yosef, Dalia's son, was not an heir or owner of rights in the plots. As for Plot 49, he claimed that he did not own it, although he owned it from 1995 to 2006, and operated an aluminum factory in it that he owned. Since 2006, the plot has been held by various tenants.
The defendant denied the alleged dispute between him and the heirs, and denied the claim that he had invaded any areas in parcels 48 and 50. As for the "Toto" station, it was claimed that it was established in 2017, by a man named Moshe Asor, on land purchased by the defendant from a man named Nissim Abu Hatsira, following the fact that he purchased half of Plot 50 from the heirs in 2006. The kiosk was indeed operated in February 2021 by Ariel, the defendant's son, after Ariel's release from regular service, and he replaced Moshe Asor after the latter was shot and wounded in the leg.
With regard to the legal proceedings, the defendant denied ignorance of knowledge of the proceedings that took place in the Execution Office and the Magistrate's Court, and even as to the extent of the deceased's appointment as receiver, since he was not a party to these proceedings. We are dealing with proceedings between the deceased and others, Rafi Dahan, Nissim Abu Hazira, Hananya Piso, and David Shitrit, and the heirs Moshe Einhorn and his sister Dalia Mandel, during which each person filed civil lawsuits against the other. Only after the attorneys (Yosef Dayan, who represented Einhorn and Mandel, and the deceased, who represented the plaintiffs) reached an agreement regarding the appointment of a receiver in December 2018, it was agreed that any action would be subject to the decision of an arbitrator named Yitzhak Sivan.