Second, even the defendant himself in his testimony in court states that he knows that Eyal is an interrogator, and that he thinks the conversation is being recorded, and that he has no logical explanation for why he spoke to Eyal in a balanced manner, "I thought he was recording something" - as follows:
" Q. You understand that Eyal is an investigator, True?
- Yes
- You understood that Eyal can document what you say, True?
- I don't know. I didn't know
- Documenting this in writing, not just a recording?
- I thought he was recording something
- I'm telling you that you're talking to him in a measured way, You don't pour out what you want to Eyal either., You check your steps, You got the question, What is meant by' 172?
- It could be. I don't have an answer. How do you talk about such topics?. On almost any topic"
(Par. p. 345, paras. 25-27).
Earlier he was asked if he thought they recorded him and he replied: "Wrong, I was sure it would stay in the same room even if they were recording." (Prov. p. 345, paras. 8-9).
Thus, the defendant's answers, which also include contradictions, include a statement that he thought they were being recorded, although he claimed that he was sure that it would remain in the same room. There is no basis for this argument regarding his assumption.
From the testimony of A.A. 13 It appears that after replacing the interrogation disc, the defendant turns to him and asks to correct some things that were written in the framework of P/163, and after the correction and the re-signature, the defendant turns to the interrogator and says to him (from the interrogator's memory) "Wow, write a memorandum or not, I want to tell you something", and at this point the interrogator realized that the defendant had a problem with typing the interrogation, At this point, the interrogator decided to continue the oral questioning. [Par. p. 64, paras. 10-17]
A perusal of P/172B shows that the defendant does say to the interrogator, "Wow, I'm trying to tell you something about the interrogation, maybe you will write a memo, maybe you won't, and then add the same participant in the interrogation" (P/172B, p. 2, paras. 24-26)