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Serious Crimes Case (Haifa) 9375-05-21 State of Israel v. David Abu Aziz - part 77

March 24, 2026
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Nissim Abu Hatzira , who bought land from the late Shlomo Einhorn, testified (21 December 2023, pp.  3551 onwards, and 27 December 2023, pp.  3574 ff.) that he operates a store in the compound.  About 20 years ago, when the defendant moved to the scene, clashes began, "that he invaded my property and he said it was his, and that's how problems began, such as burning a store, damaging a car, cutting tires, windshields, cutting off water, and I went to the police all these times, nothing helped me, I had to deal with it alone in the end, to give up the area." The defendant claimed, "that part of his area," Shlomo Einhorn denied the defendant's claim, but the defendant did not hesitate to accept his position, "He said it's mine and it will cost you money if you fight with me, that's all, and it cost me." He also said, "In the end, there was someone who made a kind of deal, what shall we call it, mediation between us, and he said, 'I'm willing to give you 7,000 shekels for the damages that may have happened to you, and you'll sign a right of passage for me, and in the end he built there, what he built there, I don't have anything there, and that's it.'" In the said "right of way", a "Toto Lottery" business was opened, in an area that is supposed to be approved for firefighting, a parking area, and this is where the defendant's business was built, which was called a "kiosk" or "Toto Lottery station".  The witness knew the deceased with the intention that he would handle the receipt of a retroactive permit for his business.

As part of the cross-examination, the defense team sought to undermine the witness's claims.  In response, the witness emphasized that even if he signed various documents, from which it can be seen that he agreed to the defendant's various demands and that agreements were made out of the common will of the parties, it was out of "surrender" to the defendant's wishes and out of fear for his fate, to the point that he stopped fighting the defendant.  He further said that the deceased was the defendant's receiver, so the defendant told him a week before the murder of the deceased, and he recommended that the defendant reach a financial arrangement with the deceased (p.  3607).  "I had a conversation with him outside the store, he said he's a receiver, he wants to take it, so I told Abu Aziz, 'Listen, it's just money, finish the matter with money.' [...] I knew there was something that Abu Aziz wanted this area and he said that this area didn't belong to him, so I said, 'Solve it, it's just money.'" According to him, he offered the defendant to purchase the land from the deceased (p.  3608, onwards).  He also offered this to the deceased, in order to end the "hallucinatory war" that has been going on for years.  The deceased replied that "everything is being treated, everything is working out" and that he did not need his advice.  He also said that in the past, David Sheetrit's son owed him money due to a purchase in the store, and the defendant made sure that he would pay him his debt if he agreed to waive half of the debt.  In his words, "And David turned to me and said, 'Listen, I can bring you about 50% of the money if you sign that you compromise on this, I said okay, 50% is better than nothing.'"

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