Muhammad Esaiwi's motive
According to the indictment, on 17 December 2015, the deceased stabbed Muhammad 'Aswi in the chest and hand, causing him a cut in the face, and as a result, Muhammad decided to cause the deceased's death. At some point, going back to June 14, 2019, Muhammad conspired with defendants 1 and 2 to murder the deceased.
As is well known, it is not necessary to prove a motive for the purpose of a criminal conviction, but according to case law, proof of motive can strengthen the weight of criminal evidence, or constitute additional circumstantial evidence. In light of this, the question of whether Muhammad had any motive to harm the deceased will be examined.
There was a prior acquaintance between Muhammad and the deceased, and from the evidence in our document, it appears that on 17 December 2015 (about 3 and a half years after the murder in our document), the deceased stabbed Muhammad in the hand and chest in the village of Hura, causing him a cut in the face.
In Muhammad's statement dated 18 December 2015, Muhammad recounted the incident, but at the end of the day claimed that he had seen the assailant's face but did not know him. (P/29)
However, during Muhammad's conversation with a detainee named T.A.K. on 3 July 2019 (after he was arrested on 2 July 2019 he was warned and interrogated on suspicion of committing the murder (P/30)), Muhammad (P/27A) recounted his assault at the hands of the deceased, and stated, among other things: "I cut my hair at his place and went out to take a right... I was a little fourteen years old... Big guys, one 26 years old and one 25 years old... And as I talk to them, he turns his back in the direction of... To the store (unclear word) Who goes out to the store (unclear word)? It turns out that Nissim passed away, he walked slowly, he screwed me with a knife, he screwed me with the knife, he didn't knock like that, he just (an unclear word), he squeezed the maniac, he put the knife in and pulled it" (P/27A, p. 41, s. 13 - p. 41, s. 4).