"A. It's a lie, before I returned, I was on loan for 5 seasons and I returned to Hapoel Jerusalem, I was promised that I would end my career with a contract for a few seasons and continue at Hapoel Jerusalem. It should be noted at the end of this season, before they knew the results of the polygraph the coach Yair Assayag summoned me to a meeting at the Holiday Inn, I thought he wanted to talk to me about the continuation of the deal, there was a very close relationship, I didn't think my home team would do this thing to me, he told me in the meeting that he was releasing me from Hapoel Jerusalem because of my advanced age, which is 33 that I was, And he's counting on a young defender who was a young stopper at the time, Peso Uri, whose salary is a bit "heavy" for Hapoel Jerusalem, because of these reasons they threw me out of the team, I didn't quit voluntarily, they definitely threw me out."
(Prov. 14.10.09, p. 13, Q. 7-14).
His testimony indicates that he wanted to stay but was left by the team due to the polygraph or due to the employment of a younger stopper. This version, which was first raised in his testimony, is not expressed in his affidavit and has no mention in it, and this should be attributed to him as a suppressed version.
Such a situation of dismissal, ostensibly since it has not been proven that the plaintiff was involved in criminal activity, requires the payment of severance pay. However, in contrast to this "new version" in the plaintiff's testimony, as appears from paragraphs 20, 21 and 23 of Mr. Sassi's affidavit - the circumstances in which the plaintiff left the group of his own free will and on his own initiative following that affair. Mr. Sassi further notes that the group wanted him in its ranks (para. 23 ibid.), a version that he reiterated more forcefully in cross-examination (pp. 56, paras. 18-24).
The plaintiff's version regarding his dismissal and the reasons for his dismissal was also contradicted by the testimony of Mr. Victor Yona, who said in his interrogation that he did not fire Ohayon and that he offered him to continue, but that he did not want to do so because of the stain that stuck to him (p. 50, questions 14-28 of September 7, 2010).