Caselaw

Serious Crimes Case (Haifa) 9375-05-21 State of Israel v. David Abu Aziz - part 68

March 24, 2026
Print

Regarding the acquaintance with the defendant and the dispute that arose between him and the deceased, she testified that when the heirs came to sell the plots, it became clear to them that they could not sell, inter alia, because there are many debts on the plots and also because of illegal construction that was done on the plots.  In order to sell the plots, the heirs had to, among other things, demolish the illegal construction.  It was then discovered that the defendant had invaded Plot 48, where there was a carpentry shop, demolished an existing wall and built a new wall, while annexing part of the carpentry area.  It was also clarified that the defendant had also invaded part of Plot 50, and annexed a passage to himself.  The deceased, in his capacity as receiver, filed a lawsuit against the defendant for eviction and demolition of illegal structures in plots 48 and 50.  The filing of this lawsuit was preceded by legal proceedings, including a request for a temporary injunction to stop the illegal construction taking place on the ground.  As part of those proceedings, a number of decisions were given by the court, following which, inter alia, the witness and the deceased came to the property in order to take measurements and photograph.  Regarding what happened after their arrival, she testified, "Suddenly we came across some strange claim that Abu Aziz claimed that it was impossible to enter this warehouse but that we would have to climb a ladder 60 meters high and climb on the roof of Askurit and then we would have access to take the measurements, of course we claimed that we did not intend to endanger ourselves [...] So we asked Abu Aziz to open the warehouse for us that we saw with his eyes, we stood next to the warehouse it was locked and we asked him to open it and he claimed that it was not a court order and that the court meant that he entered from above and so we had to call the police to the place, police arrived and then he claimed to the police [...] that you can't enter the place but only through a height through climbing his platoon, plot 49 through a very high ladder, and only in this way can you actually enter and photograph the place, He later claimed that he had no key to the place because the warehouse was rented to a third party and he had no keys to the place, and we noticed that the warehouse itself was locked with a gate with a large lock on the warehouse and the whole place was networked with cameras that Abu Aziz hung and then in that discussion we were unable to enter [...]."

Previous part1...6768
69...140Next part