Caselaw

Serious Crimes Case (Haifa) 9375-05-21 State of Israel v. David Abu Aziz - part 55

March 24, 2026
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Shai Peleg's description was clear, detailed, detailed, explaining and clarifying, and after being cross-examined at length about his various moves, including the manner in which the shoes were located, there is no justification for doubting his words, and we categorically reject any such doubt.

He went into action on Saturday, the eve of the Seder, in order to locate cameras, and not necessarily exhibits.  The purpose of leaving the house was to check the presence of security cameras at the Bat Shlomo interchange, and if he hadn't spoken to Arman, he wouldn't have come to check the place where the shoes were located.  We were persuaded that following Arman's announcement that the Chevrolet had deviated from the main lane, Shai Peleg arrived at the scene and located the shoes.  His words in this context were persuasive, reliable and completely trustworthy of us.  Despite indications of a police knowledge of the deviation even earlier, we were persuaded that he personally had no prior knowledge.  After locating security cameras, and viewing their products, he arrived at the scene, searched and found.  All this, while driving from the Bat Shlomo interchange, following Arman's message sent to him by telephone at 11:08 that day (p.  2174, s.  29).

The defense argued that it was not proven that it was the Chevrolet that stopped on the side street and that one of its occupants threw his shoes into the bushes.  In the framework of the oral summary hearing, the defense sought to emphasize a number of issues in this context.  First, the security camera "Young Dalia East" captured the incident only through the bushes and not from any other angle of view, since the side street where the car stopped was not filmed by security cameras, and it is a "dead zone." Second, there is a time gap between the cameras in such a way that the occurrence between the bushes ostensibly preceded the time when the Chevrolet was seen swerving out of its lane.  In the camera "Dalia Young South" a city without violence, at 07:00:44 the Chevrolet car was seen swerving off the road and entering an internal access road (after turning from the main road to Stockholm Street) and in the camera of "Dalia Young East" a city without violence, at 07:00:25 a traffic similar to that of a vehicle coming towards the vegetation and stopping.  At 07:00:35, a person can be seen getting out of the vehicle, there is movement or occurrence between the bushes.  Therefore, the defense argued, the documentation of the vehicle that stopped between the bushes, and the subsequent incident, had nothing to do with the Chevrolet car.  Third, there is no correspondence between the location where the shoes were allegedly found and the locations of the vehicle that were recorded in the Ituran system at the relevant times, and according to the Ituran data, the vehicle did not stop on the side street.

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