As noted, during his testimony in court, the complainant was extrovertedly hostile, denied and contradicted his statements to the police before the trial. I got the impression that the complainant's motives, like that of his wife, were fear and dread to testify against the defendant, taking into account the act attributed to him that put their family in mortal danger. I will add that the case law recognized a witness's fear of the defendant as a convincing reason for preferring his statements to the police over his testimony in court in the framework of the Section 10A To the Evidence Ordinance (Criminal Appeal 396/84 Piaca v. State of IsraelIsrSC 39(1) 533, 538).
In addition, I was impressed by the manner in which the complainant's testimony was given, as well as the manner in which his statement was taken at the hospital, and especially its content, along with additional evidence presented in court (which will be detailed below), I found it preferable to the complainant's words in his questioning at the hospital to his testimony in court, and to give his words full due weight. I will explain my reasons below:
First, the complainant's statements were given to the police at the hospital about 8 days after the shooting incident. However, it should be taken into account that the complainant was rushed to the hospital and anesthetized for medical treatment, and the police visited his sick bed when he woke up from the coma in which he had stayed, so that in fact he should be seen as having given his statement very closely, if not immediately, after the shooting incident, without being exposed to the information collected since then or being subject to pressure or influences from external factors.
SecondI listened very attentively to the recording of the complainant's interrogation, and despite the quality of the recording, I was impressed by the complainant's words and his responses to the questions and statements of the police that they were afraid to cooperate with them, so at first, it was reasoned and logical in view of the shooting in his direction in front of his family. The complainant was finally persuaded to cooperate and provide details about the shooting incident and the perpetrator of the shooting, whom he had known for years, and provided numerous personal details about him, out of a sincere and genuine desire to assist in his capture.