Caselaw

Serious Crimes Case (Haifa) 9375-05-21 State of Israel v. David Abu Aziz - part 54

March 24, 2026
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The claims that the shoes were "implanted" on the spot by the investigation team, and that the defendant's genetic profile was "implanted" on them, were made as mere claims, without any evidentiary basis whatsoever; We reject them categorically on the basis of the credible testimonies of the police officers who testified before us.  The inspection of the place where the shoes were found was conducted following data from Ituran that indicated a deviation from the main travel route (Statement of Investigator Arman Golbandian, 9 February 2023, pp.  1813 ff.  1833, p.  1863, s.  5 ff., 1 March 2023, pp.  2200 ff.).  As a result, actions were taken to search and locate security camera footage on the Isfiya and Daliyat al-Carmel routes, and it became clear that the cameras of the "City Without Violence" hotline in Daliyat al-Carmel had documented the Chevrolet (P/12 + P/12A, a memorandum dated April 26, 2021 made by Shai Peleg about the conversation with 'Isam Nasr al-Din + a CD of the photograph and video that 'Isam Nasr al-Din had sent to Shai Peleg on WhatsApp; P/31).  Security camera footage from "Dalia Young South" shows the Chevrolet swerving out of its lane onto a side street, the "Dalia Young East" videos show a person getting out of an unidentified vehicle, and a certain occurrence is seen between bushes.

Quite a few investigators, led by Shai Peleg, the head of the investigation team, were asked about the location of the shoes.

Shai Peleg is the person who, as stated, located them on March 27, 2021, the Sabbath, after he left his home and was in contact with the investigator Erman (P/155, p.  1909, paras.  31 ff.).  As he says, "While driving he says to me, listen, there is some point in Daliyat al-Carmel, I am sending you a location on WhatsApp, it seems that he explained to me that it seems that the car on his drive along the Isfiya Dalia axis is as if it is diverting to one of the neighborhoods, a deviation that seems unusual for a short time and comes back, in fact he sent me a location on WhatsApp and I arrived according to the location to that point that this point was near a street called Stockholm, a new neighborhood, I also think it is called the new neighborhood of Daliyat al.  Carmel and when I got to the point I actually found myself at the end of that Stockholm street that connects to a street called Altiessen something like that I don't remember exactly the name actually a kind of T meeting, I got there and started looking like this what was happening around a really new residential neighborhood, a playground, such beautiful new houses and I see that right in front of me at the connection between the two streets there is a pole on which are installed three cameras that are pointed in different directions, one towards Stockholm Street from which I came and two more Cameras on the sides that look like this are serious cameras and in my understanding in my feeling there was a camera that was connected to the local authority or something because it didn't seem to be connected to a private house, it's not a house camera, and then I called the captain of Daliyat al-Carmel, a guy named Isam [...] who I knew a few days earlier because he was the one who helped us with the cameras on the main road of Dalia and Isfiya and I described to him where I was and I sent him to the best of my memory a photo of this page with the cameras and he told me yes These are our cameras, he identified them in the cameras that belong to him and I asked him to meet him he told me to come to us at the call center that is in the center of the village and I actually drove there where we met and I asked him to see if there is any documentation of these cameras from the 24/3 when I had the exact time that the vehicle according to the ituran arrives it was seven in the morning or seven and a minute and Wissam really uploaded the files, At first we looked at the central camera that covers the garden from Stockholm Street and really just around the time the Ituran gives seven or seven and a minute we see the Chevrolet coming but it didn't really get as far as Ty with the street out but something like twenty meters before it turned right to some kind of internal road like this that later leads to some lonely house that was and as soon as it entered it was actually mostly hidden by bushes, a hedge that was between it and the location of the camera, But yes we were able to see that she was actually driving on this inner road something like twenty or thirty meters, she stops there is some kind of conduct there that at that point it was hard to understand exactly what but we realized that probably someone the driver or someone from the car is getting out doing something there and after a short time of I think something like half a minute the Chevrolet went out on the same internal road in reverse Berbers went out onto Stockholm Street made a turn back and turned back as it came towards the main road there I knew from the Ituran that she turned left and continued to the Elyakim junction and the whole route at that point I realized that there was something there, there was a stop and someone getting out of the car and in fact I left the center and drove back to the same place and actually started a scan in the bushes there where I identified the vehicle [...] And while scanning I saw that there was a kind of orange tree there, I saw that in the back inside of it I identified a pair of Nike shoes that I think were gray that were placed like this in a way that it looked like it wasn't someone passing by and throwing them away.  [...] So I identified the shoes, I recognized these shoes lying there behind the same orange tree, I continued at this point, I didn't touch them, I continued the scan in the same area, in the part on the other side of the same hedge, such a small garden in an area that is elevated in relation to where the shoes were, there was a black corona mask, it was at the height of the corona there were masks everywhere, also the so-called one, I marked it even though on the face of it I had no indication whether it was related or not And then after I saw these two things, these two items, I actually did, I started making a video that would actually document where I am, where these exhibits are, where these exhibits are, which I actually capture in the video that I'm making, at this point."

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