In describing the assault, the plaintiff stated in paragraphs 17 and 18 of his affidavit that:
"17. The policeman asked me, "Where do you live?" and I answered. At one point, the policeman said to me in a humiliating way, "Why are you chewing gum like a cow," and then I replied, "Sorry, I'm a cow." Then he opened the door of the car quickly, came over to me and smacked my nose very hard, I felt a lot of pain, dizziness and I felt that everything was spinning around me, and then all the policemen pounced on me, put handcuffs on me, and left me on the floor shackled for more than fifteen minutes.
- While I was bleeding and lying on the floor, I said to the policeman, "Please, act like a policeman," but that didn't help me and he just kept threatening me and slurring his mouth."
The plaintiff goes on to state in his affidavit that the defendant even threatened him that he would take him to Hebron and that his parents would not see him; The defendant then stated that only if he apologized and said "I am sorry from the bottom of my heart" would he be released; He refused and asked to be taken to the police station; He was then transported by the defendant in a patrol car; The police car was stopped at the Ma'ale Adumim gas station, where an attempt was made by the defendant and another policeman to "close the story", by asking the plaintiff to apologize, but the plaintiff refused because he did not see what to apologize for; After arriving at the station, he was interrogated and later released.
The plaintiff also states in his affidavit that the defendant also chewed gum himself at the time of the incident (paragraph 30 of the affidavit).
As a result of the incident, the plaintiff filed an official complaint with the Department for the Investigation of Police, and after an investigation conducted by the DIP, an indictment was filed against the defendant for assault causing actual injury.
- The two witnesses on behalf of the plaintiff, Fadi Damiri and Ali Badran, gave an identical version to the plaintiff's. The plaintiff and the witnesses on his behalf were questioned in court and their testimony gave me a reliable and convincing impression; It was consistent, coherent, and there were no contradictions or unreasonable excesses.
During their interrogation, the plaintiff and the witnesses on his behalf recounted the circumstances of the incident in detail and even drew up a sketch of the scene of the incident.
- Reinforcement for the plaintiff and the witnesses on his behalf can be found in their statements in the Department for the Investigation of Police, which were submitted and marked P/2 (see: the plaintiff's statement of March 30, 2009, the statement of Ali Badran of May 11, 2009; the statement of Domari Fadi of May 11, 2009).
Additional support for the plaintiff's version can be found in his statement to the police on the day of the incident, which was taken on March 27, 2009 at 1:46 a.m.
- Further and significant support for the plaintiff's version can be found in the defendant's confession and conviction in the indictment filed against him in the framework of a disciplinary proceeding for the unlawful use of force. The verdict noted that:
"From the facts of the indictment to which the defendant confessed, it appears that on March 26, 2009, while he was on duty, he recorded a traffic ticket for the plaintiff for not wearing a seat belt. Under these circumstances, an argument developed between the defendant and the complainant, during which the defendant got out of the car and struck the complainant in the face. As a result, the complainant bleed from his nose and suffered a fracture in his nose bones."