Policemen Siyonov and Yehia stated in the statement that they asked the complainant to sign the statement he gave them at the hospital, which was handwritten, and the complainant asked them for a pen, held in his left hand, but was unable to pick it up in order to sign (P/66).
The complainant's testimony in court
- The complainant, who was seriously injured as a result of the shooting in his direction and required prolonged medical treatment, appeared to testify in court on May 29, 2023, about ten months after the shooting incident. Already at the beginning of his testimony, the complainant's apparent unwillingness to give testimony and respond to the plaintiff's questions was evident. For example, the complainant claimed that he did not remember where he was on July 20, 2022 (the date of the shooting incident), despite repeated attempts by the plaintiff and the court to obtain a response, until he claimed that he had a "short memory." The plaintiff sought to refresh the complainant's memory, and presented his statement to the police officers who visited him in his hospital bed at Wolfson Hospital on July 28, 2022 (P/66), where he replied to the police that the person who shot him was Ashbir Tarkin (the defendant), and that he had known him "for several years", and that the incident took place in the garden where he and his wife were playing with their child in the swing. In his testimony in court, the complainant sought to avoid these words, and claimed: "You caught me exactly a second after I woke up from a coma, so it's a pity that I don't think it's valid" (p. 340 of the protégé). In response to the court's question, the complainant replied that he did not remember why he was in a coma, and the same was true of the name of the hospital where he was treated. Later he claimed that he did not know why he was hospitalized, he did not ask about it and it did not interest him (p. 343 of Prut). The complainant replied to the plaintiff's question that he used to cut his hair at a barber named Ron in Rishon LeZion. When he was told that in his message to the police, he said that he had cut his hair that day near the garden where the shooting took place, he replied that he did not remember talking to police officers. The complainant reiterated that he did not know why he was in the hospital and that he did not ask about the reason, because it did not interest him. When asked why he was not interested in why he was in a coma, the complainant replied: "You will be surprised" (p. 343 of Prut). When asked about the police's claim that someone shot him, he replied: "Ask the police," and that he himself was not interested in it (p. 344 of the protégé). When the complainant was asked if he knew the defendant sitting in the courtroom, he replied that he had heard about him in the neighborhood "that he loves boys" (p. 345 of Prut).
At this stage, at the request of the accuser, and after we have been under the impression that the complainant is deliberately not cooperating in his main interrogation, and that he does not intend to respond substantively to the questions addressed to him, whether by the prosecution or by the court, while giving evasive or defiant answers on his part, and the positions of the parties have been heard, the complainant was declared a "hostile witness" and the accuser was allowed to submit recorded documentation of the complainant's interrogation on July 28, 2022 at the hospital (P/100) and the main points of his statement as recorded by Policemen Siyonov and Yahya (P/66).