It is not superfluous to note in this regard that the second informant who was interrogated by the court, known as "Nissim Makhlouf", confirmed that he had heard other names from Muhammad when he was talking about the sons of Mash'ah in Lod, but he does not remember that Muhammad mentioned the names Munir or Yunis, and also confirmed that the names Munir and Younes did not appear at all in the dubbing conversations he conducted with Muhammad. (P. 6.11.22, pp. 315, s. 28-32, p. 317, s. 9-14).
Lack of motive for defendants 2,3 to commit the murder
As is well known, there is no obligation to trace the motive when examining the elements of the offense (Criminal Appeal 3834/20 Kalfon v. State of Israel - of July 29, 2021), but it seems that the existence of a motive may well establish incriminating evidence when examining the totality of the evidence against the defendant.
In our case, I accept the position of defendants 2 and 3, according to which the state did not present any concrete evidence that any of them had any motive to assist in the commission of the murder that is the subject of our discussion.
The heads of the Special Operations Unit in the case of Eyal Zeitoun and Eyal Saban also did not know how to tell the court during their testimony in court that they knew of such a motive that was also available to defendants 2 and 3, and Mr. Eyal Zeitoun also emphasized that he "does not find an answer to this question" (P. 9 November 2020, p. 100).
As presented above, during the hearings no real evidence was found that the family relationship between Muhammad and defendants 2 and 3 was so close and courageous that he was supposed to come and assist him in the murder of the deceased.
Moreover, during his testimony, defendant 2 stated that he did not know the deceased or his family at all (P. 26 December 2021, pp. 363, paras. 11-18), and the state did not present any evidence to contradict his claim. Defendant 3 also stated in his testimony that he did not know the deceased or his family, and even in his case, the state did not present evidence to refute the claim.