Caselaw

Serious Crimes Case (Beersheba) 20142-08-19 State of Israel v. Ibrahim Shehain - part 128

October 23, 2025
Print

Gas station cameras - Another claim made by counsel for defendants 2-3 related to the manner of operation of the investigator Yigal Singer, who was in charge of lowering the cameras at the "Dor-Alon" gas station in the settlement of Lakiya.  Mr. Singer prepared a memorandum regarding his activity (P/55).

According to counsel for defendants 2-3, if Mr. Singer had taken down all the cameras at the gas station, this could have supported the defendants' version that Muhammad directed them at the exit of the gas station, and that after the videos of all the cameras were not collected, their defense was harmed.  According to counsel for defendants 2 and 3, the defendants gave an orderly version that could have been strengthened or hidden, but added in parentheses that the defendants' version was not concealed.

In the interrogation of the investigator, Mr. Yigal Singer, on October 22, 2020, Mr. Singer stated, inter alia, that "because of this, I took down everything outside, everything inside, and gave up only the cameras of the manager's office and the cameras of the warehouse...  And I had discretion as to what to take and what not to take.  I remember exactly a situation, I remember exactly what my judgment was, I said that in this case I would take everything off except the warehouse and the cameras of the manager's room...  Bottom line: I took down all the cameras that worked, 21 cameras that worked, and I gave up the cameras of the office of the administration and the cameras of the warehouse."  (P. 22.10.2020, p. 84, s. 25 to p. 85, s. 18).

A police investigator, as he is defined, is a police investigator for all intents and purposes, and he is given the discretion given to each investigator.  In the circumstances of the case, and after Mr. Singer's words were not contradicted, it appears that Mr. Singer exercised perfectly reasonable discretion.  In a situation where the amount of evidence that can be collected is almost infinite, a police investigator is obligated to exercise discretion, and to prioritize only the evidence that he believes is the most relevant evidence, and in this case, as stated, Mr. Singer chose to examine the cameras from which videos of the events that took place at the relevant time, but he refrained from examining what happened in the manager's room and in the warehouse, which he believed (and rightly so) was irrelevant to our case, and it cannot be said that there was any defect in the investigator's action that would affect the evaluation of the evidence against the defendants.  All the more so when the defense attorney himself notes that the defendants' version regarding their stay at the gas station was not concealed.

Previous part1...127128
129...142Next part