Caselaw

Criminal Case (Be’er Sheva) 29984-08-16 State of Israel v. Muhammad Zoabi - part 9

August 17, 2017
Print

A/172 A - Transcript of the second part of the interrogation dated 2 August 2017, this transcript will not be referred to since an additional transcript of that interrogation was submitted, which is P/172B - an edited and amended transcript to which reference will be made, along with the reference to the photograph itself that was submitted on the disc - P/172.

A memorandum (P/231) dated 7/8/2016 was also submitted by Mazal Astrakhov (A.A.  24) Regarding the conversation that took place between her and the defendant in the framework of P/172.

In addition, the indictment was filed against Officer Shadi (A.P.7), P/232, in this case.

Counsel for the accuser asked to submit the judgment that was given in the case of the defendant's son, Adi, in the military court, the defendant's counsel objected, and the judgment was not permitted.

Only he himself testified on behalf of the defendant, and no exhibits were submitted on his behalf.

Discussion and Decision:

  1. After examining the testimonies and all the evidence submitted, and I considered the arguments of the parties, My conclusion is that the accuser met the burden imposed on her.

It was proven before me, beyond a reasonable doubt, that the defendant committed all the offenses attributed to him in the indictment, and that he should be convicted of all the offenses attributed to him in the framework thereof.

All the facts detailed in the indictment, including the fact that the defendant actually received the stolen weapon for his vehicle, on the date stated in the indictment, after he took part in the conspiracy to commit the theft and concealment of the indictment, all as part of the execution of a transaction that included consideration, even though the details of the consideration are unknown.

The aforesaid conclusions derive first of all from the defendant's own words, from his explicit confession, and from many details that he gives as part of his confession.  All of these testify to the part that was carried out by him, the receipt of the stolen weapons and its transfer from the meeting place in Beit Kama to the north.  Alongside his explicit confession, the defendant makes additional statements that strengthen and confirm the conclusion that he received the weapon to his vehicle, and his knowledge of what it was that he received for his car, and took it from the scene.

Previous part1...89
10...77Next part