Third, the complainant gave his statement knowing that he was not being recorded, since Officer Siyanov denied that it was recorded in order to calm him down.

         Fourth, The complainant gave an orderly, consistent version that could have assembled a complete and coherent picture of what he knew.  The complainant recounted not only the description of the shooting incident, but also a detailed explanation of the events that preceded it both that day and the common background between him and the defendant.

Fifth:In the statement that the complainant gave to the police, there are no excesses, no unnecessary descriptions, and no attempt to claim knowledge of facts that were not his knowledge.

         Sixth, the complainant's version matched his wife's statements, which she gave to the police during the days he was anesthetized, without coordinating any of their versions.  For example, the fact that he went to cut his hair while his wife and toddler son were waiting for him in the nearby playground; the defendant's mobility on a motorcycle (and in this matter I did not find any difficulty, but because it was an electric bicycle); The details of the defendant's clothing (black clothes, black helmet), his origin, his appearance, his approximate age, the fact that there was an exchange between the complainant and the defendant, the distance at which the shooting took place, and more.  Similarly, the complainant's description of the incident shocked the footage from the street cameras near the playground.

Seventh, the information provided by the complainant about Ashbir Tarkin was found to be reliable, as was his external description, his nickname, origin, address, age, the loss of his brother in difficult circumstances and his financial entanglement due to his registration in key positions in the company.

         Eighth, from listening to the recorded interrogation, it is clear that the complainant gave his words in a clear manner while conducting a dialogue with the policemen, understanding their words and responding to them accordingly.  The complainant provided accurate information regarding additional details that were not directly related to the shooting, such as the exact address of the playground where his wife and son were waiting for him, and where the shooting took place ("20 Nardor Street").  This fact indicates the complainant's clarity of mind and sharpness of mind during his statements, despite his medical condition, according to the impression of the police, which was documented and given to the court.

25. In summary, I am convinced that what was recorded by the complainant and his wife in the police, each of them separately, is true, and this is according to my impression, which is not mediated by the manner in which they gave their testimony in court, as expressed in their answers and responses as quoted above, and from the documentation of their statements to the police. I have therefore reached the conclusion that in the circumstances of the case, the written foreign statements of the complainant and his wife should be preferred to their testimony in court.  These foreign statements are the same as testimonies in a trial, and they are worthy of full credibility and evidentiary weight.

The nickname "Yayo"

26. As detailed above, the complainant told the police, Siyonov and Yahya, while lying on his hospital bed, after waking up from a coma that had lasted since the shooting incident, that the person who shot him was a man of Ethiopian origin, whom he had known for "several years," and whose name was "Yayo Tegania." The complainant repeated the name "Yayo" several times, and even spelled the name to the policemen. Later, the complainant clarified that it was "Ashbir Tarkin", the complainant was asked why he called the defendant "Taganya", and replied: "That's what they call him.  This is "Tarkin", and he reiterated that he is called "Yayo".
27. The defendant was asked during his testimony in court (which I will elaborate on later) whether he was referred to by others as "Yayo", and he replied that he had no nickname, and that he did not know and had not heard that family and friends called him that way (p. 553 of Prut).  When the defendant was told that his mother had told Policeman Emanuel Aviv that "Yayo" was her son, he claimed that he did not believe the police officers (p.  555 of Pruth).  The defendant even denied that he had introduced himself under this nickname to policeman Ziv Sardes, who met him in the warehouse of his residence, prior to his arrest.  The defendant repeatedly denied this nickname even after he was told that Officer Adana, who serves as the NCO of the Ethiopian community, stated that he knew him and his family, and that the defendant's mother called him "Yayo" (pp.  559-560 of Prut).
28. The accuser claimed, as stated, that the defendant was referred to by his acquaintances and family members as "Yayo", as the complainant also called him, along with giving his full name, noting that he was the person who shot him in the playground.
29. Given that the complainant stated that the person who shot him answered with the name "Yayo", and only afterwards did he also give his full name, while clarifying that "Yayo" was his nickname, the question arises as to whether the accused, Ashbir Tarkin, is indeed known by the nickname "Yayo". As noted, the defendant denied this nickname.  The accuser summoned a number of police officers who testified in this context, and after I considered their testimonies, each of which left a reliable impression, and it is clear that the investigation of the case on their part was carried out with the necessary seriousness and caution, I am satisfied that Ashbir Tarkin is indeed known, or at least known, to others by the nickname "Yayo".  I will detail below.
30. First, I will address the testimony of Officer Adana Allin, who during the relevant period served as a NCO for the Ethiopian community living in Jaffa, in the Ministry of Community Policing. Officer Allin presented a memo he made on July 21, 2022, which indicates that he had watched a video he received from Officer Aharon Cohen, in which he identified Ashbir Tarkin, ID card.  xxxxxxxxx, who lives at 8 Saharon Street in Jaffa.  Officer Allin noted in the memorandum that he has been serving as a non-commissioned officer for the Ethiopian community in Jaffa for about seven years, and by virtue of his position and the relationship he maintains with the local community, he is well acquainted with the suspect and his family.  Attached to the memorandum was a color photograph from a video, in which the suspect is seen with his face uncovered, holding a helmet and a bicycle next to him (P/63).

In his testimony in court, Policeman Adna Ellin stated that as part of his role as a non-commissioned officer for the Ethiopian community living in Jaffa, he was in contact with members of the community, assisted children and adults, including translating police investigations and various projects, and assisted the community itself (p.  306 of the protégé).  Policeman Alin was asked about the defendant and said in his testimony as follows: "I know him quite well at the highest level that his name can be called Ashbir, the Tarkin family, his mother also called him Yawi, and I know him as part of my job, and in between I also took care of the family itself.  Unfortunately, to the family's sorrow, I also treated a tragic case they had a month, two months before the incident itself, I know the family." Officer Alin was asked about the photo he attached to his memo, and said: "As part of my job, since I was in pretty good contact with the community, as I mentioned at the beginning of my remarks, I was also asked to send me the video, if I recognized it, of course, I immediately recognized it.  ...  You are Ashbir" (p.  307 of the protégé).  However, during the cross-examination, it was found that it was not Officer Allin who attached the same photo to the memo he had prepared.  In addition, Officer Allin noted that to the best of his recollection, in a video sent to him, for identification, the suspect was seen walking in the public park (p.  310 of the protégé).  Therefore, the question arose as to which of the videos was sent to Officer Allin in order to identify the suspect, since according to the defense, the photo attached to the memorandum was not taken from the video in which the suspect is seen in the public park, in which a distant and unidentifiable figure is seen.  Officer Alin clarified in his testimony that he received a video on his mobile phone, in which he identified the suspect's details that appeared in it, as follows: "One video was sent to me on my cell phone, that's what I recognized, the suspect's video I don't know, beyond that, I don't know how many videos were sent" (p.  314 of Prut).  Later, he was asked if he had seen the face of that person in the video, and he replied: "In the video itself, of course it was" (p.  316 of Prut).  It should be clarified that the question of the identification of Ashbir Takin based on the video sent to Policeman Allin, as he claims, will be discussed later, but at this stage it is possible to learn from his testimony about the connection between Ashbir Tarkin and the nickname "Yayo".