Caselaw

Criminal Case (Be’er Sheva) 29984-08-16 State of Israel v. Muhammad Zoabi - part 15

August 17, 2017
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In response to the indictment, counsel for the defendant did not deny the incident of theft, and there is no dispute about the facts written in the indictment regarding the manner of the burglary and theft, and the weapons that were stolen, and it should be emphasized that although some of A.A.  7 (Officer Shadi) In dispute, his words regarding the manner in which the burglary and theft were carried out are not in dispute.

With regard to the order that was given to remove the soldier who was at the guard post overlooking the bunker, see P/43, p.  2, and P/29.

As stated in the indictment, the date of the burglary and theft was 29 April 2017, and against that date the defendant raised allegations that, as a rule, amounted to heresy, without any real reasoning.

In light of the evidence before us, the conclusion is that the incident of the stolen break-in of the ammunition occurred on the afternoon of 29 April 2016.

Shadi's testimony indicates that the burglary took place "on a weekend not Saturday" on Passover (P/179, paras.  111-113).  When his company guarded the base.  Shadi said in his statement of 24 July 2016 (P/192, Q.  156) that on the same day, in the evening, a soldier was evacuated for medical treatment.  According to a medical summary submitted in this regard (P/134), this is dated April 29, 2016.

A soldier testified in P/38 that there was an evacuation on Thursday or Friday of a young man who fainted, and says that Shadi was the one who evacuated him (P/38, p.  14).

A statement was given by a soldier at the base (P/31) that during the third week of the guard over the weekend, while he was guarding the post near the bunker, Adi (the defendant's son) came to him and shouted at him to get off the post and return to his residence, which he did.  Later, another soldier saw the soldier and ordered him to return to the guard post.  The soldier says that it was in the afternoon (P/31, Q.  4).  The soldier notes that according to him, this incident took place on Thursday or Friday between 11:00 and 13:00 (P/48, S.  389-391).

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