From all of the above, there is no basis for the defendant's claim that he did not know that the interrogation conducted in the framework of P/172 was a direct part of a formal investigation process.
The things he said there, including confessions, are admissible.
A claim of deception and temptation
- The defense argued that the defendant's statements were taken from him by deceiving and seducing him on behalf of the interrogators, and therefore these statements should not be accepted as admissible.
This argument should not be accepted. A perusal of the interrogation disc P/172 leads to a conclusion that completely negates this.
The defendant is the leader of the investigation process , he is the one who initiates the investigation line, he is the one who "manipulates" the investigators and tells them which directions to check and what tests they should do (especially on the issue of reducing his sentence in exchange for weapons), he is the one who tries to reduce his part in the affair and in doing so "volunteers" a lot of information about the role of each of those involved, including the officer Shadi and his son Adi, And there is no deception or temptation on the part of the investigators at any stage of the process.
From the examination of P/172B, it appears that the defendant is the one who turns to the interrogator and tells him that he wants to say something about the interrogation (p. 2, Q. 5-24), the defendant says that there is "a story more than that" (p. 2, Q. 37), the defendant is the one who first raises the issue of an arrangement in exchange for a reduced sentence (p. 3, Q. 2-15), the defendant tells the interrogator that if "They want to move forward" then they can, and if not, then the situation is "stuck" (p. 6, questions 24-26) and he details about a compromise that was reached together with his lawyer (p. 7, questions 1-10) and the defendant continues to lead the investigation and the dialogue with the investigator, even at the stage when A.A. 24, and there is no deception or temptation at any stage of the investigation. This argument would have been better if it had not been heard.