Let us recall what was said in Criminal Appeal 5104/06 in Newryshville v. State of Israel (May 21, 2007):
"An examination of a claim of the existence of investigative failures does not seek to examine whether the investigation could have been conducted in a different, better, more efficient way, but rather whether the suspect's rights were deprived, whether the rules and guidelines formulated in order to enable him to defend himself properly and to enable the court to carry out its work in discovering the truth were not observed in his interrogation. As is well known, where the defendant's defense was not deprived, the failure of the investigation itself is not sufficient to bring about the acquittal of the defendant [...]. The weight of the investigative omission will be determined both by examining the omission itself, its nature and essence, and, mainly, by examining it against the background of the totality of the evidence [...].
Examination of investigative failures must be done in recognition of the seriousness of the failure to adhere to investigative procedures and carry out essential investigative actions on the one hand, and on the other hand, while recognizing that in retrospect wisdom it is always possible to point to issues that could have been delved into or actions that could have been acted on differently."
It was stated, for example, in criminal appeal 4009/24 Abu Arar v. State of Israel (March 16, 2025):
"[...] In this context, it will only be noted that contrary to the spirit of the appellant's arguments, the state is not obligated to bring "maximum evidence" for the purpose of conviction, but rather the existence of "sufficient evidence" proving the guilt of the defendant beyond a reasonable doubt (Criminal Appeal 2189/23 Aharoni v. State of Israel, para. 28 (February 20, 2024)).
I will also note that even if there was room to improve the investigation in our case, as appears from the words of the District Court, the existence of the investigative failures claimed by the appellant does not change it. As has long been established, investigative failures in themselves do not lead to acquittal, when there is a sufficient evidentiary basis to prove the guilt of the defendant - and as stated, such an infrastructure certainly exists in our case (Criminal Appeal 1464/21 Kapustin v. State of Israel, para. 41 (September 11, 2022))."