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Serious Crimes Case (Haifa) 9375-05-21 State of Israel v. David Abu Aziz - part 33

March 24, 2026
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 In the circumstances at hand, and with regard to the conditions of technical admissibility, as drafted above, I am persuaded that the Respondent was able to prove the reliability and correctness of the recording.  This is despite the fact that it is not continuous, and even includes parts that are not clear to hearing.  The main element for determining the reliability of the recording is found in the detailed and reliable testimony of the complainant, about the manner in which he made the recording, and in the motive that led to its execution."

As revealed in the testimony of interrogator Yoav Livne (July 18, 2022, p.  801, s.  5 ff.), after the unloading, the ZIT officers upload all the recorded (or filmed, as the case may be) to a general server, and the raw material downloaded on CDs (CDs) or portable storage (disk-on-key) is not stored, since these are large quantities of material, so there is no choice but to delete it.

According to the police, the copied material was downloaded to serve and later burned into A/287A (for example).  This is the material that was on their accessories and devices, in full and as it is (p.  832, s.  10, and an additional hearing, 6 October 2022, p.  918 s.  onwards).  Insofar as there is a claim regarding the authenticity of the photographic material, it is clear that it was necessary to bring at least first evidence to support this claim.  This is especially true since the security camera footage did not identify the defendant at all.

In addition, researcher Tal Gatineau (November 29, 2022, p.  1365, para.  22 ff.), one of the skilled computer investigators, explained that when he is about to unload content material held on the DVR, he does not check the mechanism of operation of the device itself, but makes do with what the device recorded from the security camera footage that was filmed.  It gives the device instructions regarding the unloading of the filmed and recorded content (downloading or pumping it), according to the hours it requires.  Every device and its wonders with it, some of them record everything, some only according to the sensors connected to the cameras, and hence there may be a situation whereby only part of the captured time has also been recorded and saved.  He clarified that he personally has no control over the copied (dismantled) content, and there is no reason not to believe his words and accept them as they are.

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