It was noted that Defendant 2 updated his version and claimed that he had told Muhammad what about the hydro and Muhammad told him , "Go, drive fast. What do you want me to turn me in to the police? Why are you driving 120?" He also noted that because he saw that there was a fire, he knew that something was wrong (P. 26.12.22, p. 360).
Defendant 3, for his part, stated that he fell asleep and woke up during the drive to Lod and when he woke up he heard that defendant 2 and Muhammad were arguing, and then fell asleep all the way to Lod (F. 21 March 2023, pp. 90-289).
Indeed, Muhammad's words in his testimony at his trial do not correspond to the last version that he gave in his testimony in his amendment. Defendant 1 did not say that he fell asleep, and in these circumstances his version that no one spoke during the trip does not match the version of the others. Defendant 3's version that he heard Defendant 2 and Muhammad arguing is consistent with Defendant 2's version and Muhammad's last version.
Muhammad's testimony in court
Testimony of Muhammad, dated 22 October 2020 - Muhammad, who is accused of another indictment that is separate from the indictment that is the subject of our hearing and was tried before a different panel, arrived in court as a prosecution witness when the evidentiary hearings began, but he refused to cooperate, among other things, and apparently after he had not yet taken the witness stand as a witness at his trial and feared that things he would say would be used against him in his trial. Muhammad noted that he did not even know that he was going to testify in court, nor was he interviewed, but it is highly doubtful that even if he had been interviewed, he would have agreed to give any version. After Muhammad refused to answer questions, the prosecution sought to declare him a hostile witness and to submit his statements by virtue of section 10A of the Evidence Ordinance. The defense objected to the request, but the court declared him a hostile witness and he was cross-examined and remained silent.