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Serious Crimes Case (Beersheba) 20142-08-19 State of Israel v. Ibrahim Shehain - part 38

October 23, 2025
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It should be emphasized in this regard that as it emerges from the documentation of the murder in the video P/58, a reasonable viewer can assume that when the deceased returns from the bakery to his car, he is holding a bottle in his hand, and this can be seen from the manner in which the deceased holds the object, after he holds the object with his elbow bent and the arm is extended forward with a hand that appears to be a stable hand (as a bottle holding so that the drink in the bottle does not spill out).

An examination of the video also reveals that there is a possibility (less likely) that Muhammad heard the deceased say something about the drink, after it appeared that the Mazda vehicle arrived at the same time as the deceased left the bakery, and it is possible that the deceased said things to his cousin while he was walking from some distance and in a loud voice that allowed the shooter to hear the words.

In light of the above, I do not believe that it has been proven with a high degree of probability that the issue of offering the drink ("I want to drink") was a well-known detail that Muhammad could not learn about by watching the video P/58 (on the Internet). 

In addition, it is not superfluous to note that although in our case it is claimed that there is substantiated evidence, it is not evidence that has real weight in our case, inter alia, after the defense did not clearly and explicitly claim that in his words to the informant, Muhammad gave false things with the aim of impressing him, appeasing him, or for any other purpose (knowledge of a certain person is usually intended to negate a claim of false confession).  And in these circumstances, no significant weight should be given to the claims regarding the existence of a "made-up" detail that Muhammad reported in the evidence. 

  In his remarks, Muhammad referred to the informant as well as the punishment he was expected to endure, and his willingness to bear the punishment provided that his father was released, when he said, "Except for my father, I will only be able to grab my father's hand like this and that the prison will last for twenty-five or thirty years, but the main thing is that my father ..." (P/16A, p. 34, paras. 13-17).

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