In this regard, the defense was presented with Muhammad's statement in his testimony, which states that defendant 2 is his uncle, he is an adult and not a child, and he would not have allowed him to do such a thing (F. 14 February 2022, p. 240). As noted, Muhammad's statements, in general, do not sound reliable in his testimony, but here, insofar as the matter is attributed to Defendant 2 (and not to Defendant 1 – see the chapter dealing with the "Pelginan Divora" rule), Muhammad presents an idea that is not unreasonable, according to which Defendant 2 is his uncle, he is older than him and not a child, and therefore it is more likely that he would not have been tempted to accede to Muhammad's offer to join him in order to murder the deceased.
The connection between Muhammad and Defendants 2 and 3
In the course of the summaries, the prosecution argued that defendants 2 and 3 were members of Muhammad's family, and this fact led to their desire to help him.
From a review of the evidence presented, I did not find that the family connection between Muhammad and defendants 2 and 3 was so strong and close that it should have been the motive that would have led them to assist him in the murder.
In the course of her summaries, the accuser did not present any statement made by Muhammad during his conversations with the informant, regarding a close family relationship with defendants 2 and 3. It should be noted in this regard that, in Muhammad's conversation with the informant (49:264 1-19 - P/16 and P/16a), Muhammad says to the informant , "I had a relative... Hamouda's brother-in-law, Hamouda's brother-in-law to Zaituna, me and him are my brother-in-law... That's how he gets to Be'er Sheva, he opened a station, he and I worked together for months, now... On the last day of Ramadan... He was stabbed" (p. 52, 23-31). During the hearings, the defense did not contradict the defense's argument that in his remarks about the fact that he had "been stabbed," Muhammad was referring to the brother of Defendant 2, Marwan, who was in contact with him in connection with the operation of a drug station and was later stabbed to death. Muhammad's statement to the informant about the relationship with the brother of Defendant 2 was the only significant statement in the conversations with the first informant about the nature of the relationship with Defendant 2.