The right to counsel – in their summaries, counsel for defendants 2 and 3 argued additional arguments relating to the violation of defendant 2's right to counsel. According to them, in the first interrogation of Defendant 2 on July 15, 2019, he was interrogated without consulting an attorney, after he was warned that he was suspected of offenses that do not include the offense of murder, but rather offenses of aiding and abetting after a serious crime, and it was noted to him that he was entitled to consult with a lawyer at any stage he decided, and that he would be given the opportunity to do so (P9/B, p. 3, paras. 37-39). According to the defense attorneys, Defendant 2 began the investigation when he allegedly waived the right to counsel on the assumption that he was suspected of the offense of "assisting after the fact," knowing that he could ask for a lawyer at any time.
It was claimed that, during the interrogation, Defendant 2 asked to consult a lawyer when he asked: "Then you can call a lawyer" (Exhibit 9/B, p. 19, Q. 2), to which the interrogator Eyal Saban replied, "You will be arrested, you will get it." The defendant again asked for a lawyer, saying, "Bring me a lawyer... I'm detained... I have... There is a court upstairs," but he did not receive the opportunity to consult until the end of the investigation. Investigator Saban was asked in court to explain why the defendant was not allowed to consult with a lawyer, and his answers were as follows:
"2.5. Alon Infeld: The question is like this. He asks for a lawyer at one stage. He's starting to understand what you're talking about and now he wants a lawyer. You told him at the beginning that when he wanted to, you would give him a lawyer. So why didn't you give him a lawyer at this stage?
Sgt. Eyal Saban: I don't know how to answer that. I heard here that he was asking for a conversation with a lawyer, we told him that we would give him later and he continued to talk normally. Besides, the warning says "You have the right to consult a lawyer before starting your investigation" I don't have to stop and allow him at every stage...