In paragraph 22 of his affidavit, the defendant states that the place where he stood with the plaintiff was not lit, and therefore he was afraid because he did not know whether the plaintiff had a knife or a dangerous object on his body. This contradicts the testimony of the witnesses on behalf of the plaintiff and even the testimony of the other policemen (see: the testimony of Moshe Mashiach at p. 35, paras. 25-29), who testified that the place was lit.
- In his affidavit, Policeman David Shako, the defendant's partner, stated that at the time the defendant filed the report, there was an exchange between the plaintiff and the defendant, and the plaintiff clung to the defendant's ear while chewing gum very prominently. In response, the defendant said to the plaintiff: "What, are you a cow?"; the plaintiff replied in a tone that sounded insulted: "Why do you call me 'cow'?" Policeman Shako also stated in his affidavit that the plaintiff prevented the defendant from getting out of the patrol car; Only after attempts did he manage to get out of the patrol car and then he saw the plaintiff and the defendant approaching the back of the car together.
With all due respect, Officer Shako's testimony is also unreliable and convincing. According to his testimony, the plaintiff allegedly behaved dangerously towards the defendant by closing the door of the car on him and preventing him from exiting it. In these circumstances, and in view of the description given by the police in their affidavits and in the course of their testimony, regarding the sensitivity and danger of the place, it was expected that Officer Shako would come to the aid of his friend in light of the unusual incident that developed between him and the plaintiff, but it is clear that Officer Shako asked in his testimony to back up his defendant friend without exposing himself to any danger, and sought to distance himself from the specific incident of the assault when he stated that after the defendant got out of the car, He went to the back of the car together with the plaintiff, and he, Shako, continued with his routine of filling out reports inside the car, without being bothered by anything unusual between the plaintiff and the defendant that requires him to be treated as a partner of the defendant.