This is especially true in light of the testimony of the policeman Mashiach, according to which he saw the plaintiff and the defendant arguing on the side of the car and not behind the vehicle, in a well-lit place (see: p. 35, paras. 25-29 of the minutes of the hearing). These statements contradict Shako's statement that the defendant and the plaintiff went to argue behind the patrol car, and therefore he could not see what happened between them until the plaintiff was handcuffed.
- In his affidavit, Policeman Mashiach stated that he noticed what was going on between the plaintiff and the defendant before the defendant got out of the car, and did not attribute importance to it (see: paragraph 6 of Mashiach's affidavit). Afterwards, the policeman Mashiach states that he noticed that the defendant was getting out of the car, and that the defendant and the plaintiff were pushing each other; As a result, he immediately approached the two in order to separate them (paragraph 7 of his affidavit). First, from these statements of Policeman Mashiach it can be given the impression that there was no difficulty on the part of the defendant to get out of the car, since, contrary to the testimony of the defendant and Policeman Shako, Policeman Mashiach does not mention in his affidavit the claim that the plaintiff leaned on the door of the patrol car, or prevented the defendant from getting out of the vehicle. There is no dispute that this is an unusual behavior that is likely to have occurred if it had occurred, that the policeman Mashiach would have noticed it and even came to assist the defendant, in view of the plaintiff's unusual behavior.
Moreover, in paragraph 7 of his affidavit, Policeman Mashiach notes that he noticed that the plaintiff and the defendant were pushing each other. " I immediately approached the two to separate them." In section 8, he adds: "The plaintiff continued to run wild and even tried to attack the defendant, we were forced to handcuff and arrest the plaintiff. At that point, I saw that there was blood on my hand as well as on the plaintiff's face." These statements by Policeman Mashiach are inconsistent with the testimony of Officer Shako, according to which he did not see physical contact between the plaintiff and the defendant, despite the fact that the incident was near the patrol car in which he was sitting. In addition, Officer Shako did not mention in his testimony the fact that Officer Mashiach arrived at the scene and tried to separate the plaintiff from the defendant. These are significant events in the incident, and it is reasonable to assume that if they had actually taken place, the defendant and Officer Shako would have mentioned them.