Caselaw

Serious Crimes Case (Tel Aviv) 14098-08-22 State of Israel v. Ashbir Tarkin - part 47

September 9, 2025
Print

Through Officer Daniel, a memorandum was submitted on the subject of "Correction of the time difference at 22 Nardor Street" prepared by the witness on July 28, 2022 (P/57), according to which due to a problem with the visual sequence of the security cameras from 22 Nardor Street in Jaffa, he was asked to return to the scene and check the time difference between real time and system time.  The witness went to the scene together with the investigator Yoni Abitbol and noted that the truth time was 10:22 and the editorial time was 10:27:56.  A screenshot was attached to the memorandum.  In his testimony, Policeman Daniel stated that he created the edited video from a sequence of relevant segments (p.  272 of the protégé).  Officer Daniel said that during the preparation of the viewing reports by Officer Yogev, a time problem arose, and Officer Daniel returned to the place from which the cameras were removed to verify the time difference.  In a memo he edited, he noted the time gap.

As aforesaid, a report was submitted on the observation of the Nardor 22 cameras prepared by Policeman Yogev Cohen on July 21, 2022 (P/34), and an amended report dated July 28, 2022 (P/35).

It was therefore found that the penetration of the cameras at 22-24 Nardor Street and the copy of the videos from them was carried out without a judicial order, and even without obtaining informed consent.  Therefore, I determine that there were defects in the search, penetration and copying of the video from this camera.  As far as the time gap between "real time" and "computer time" is concerned, I was not under the impression that the gap of 2 minutes or 6 minutes is significant in presenting the full picture of the movements of the suspect in the shooting, given the evidentiary mosaic photographed from all the security cameras presented by the accuser.  This time gap does not change the chronological order of the shooter's movements in the field.

  1. The video from the camera at 15 Sumkan Street Tel Aviv-Yafo (P/48) was filed through Policeman Avi Daniel. In an action report he made on July 21, 2022, Officer Daniel documented, among other things, that he had identified a security camera in a house at 15 Sumkan Street and therefore knocked on the door of the house.  The door was opened by a minor boy, who, at the request of the policeman, called his father and allowed him to speak to him.  The father explained that he would arrive at 4:30 p.m.  Officer Daniel returned home at this time, when the father returned home.  The owner of the camera could download the videos instead, but refused to sign a consent and demanded an order.  Policeman Daniel noted that he had explained that he had to download the videos immediately, so that they would not be deleted, and asked Deputy Special Operations Officer Yaniv Oshri to take action to issue the order.  Officer Daniel noted in an operating report that "the recordings of the download will be transferred to the investigators only after an order has been signed for the cameras" (P/47).

 

Previous part1...4647
48...102Next part