It should be noted in parentheses that it was brought before us that on April 4, 2024, Muhammad was convicted in the Serious Crimes Case 20157-08-19 State of Israel v. Muhammad Asaiwi, for the murder of the deceased, by a panel headed by Judge Y. Raz-Levy, but this fact has no evidentiary significance as far as we are concerned, and as far as we are concerned, the said fact is presumptive testimony and nothing more.
After reviewing all of the defense's arguments in the matter and the evidence presented as detailed above, I will note that in the case at hand there is also evidence against Muhammad at a level that is beyond a reasonable doubt that he made the decision to murder the deceased, and that he was indeed the one who murdered the deceased, and in the circumstances of the case there is no need at all to address the question of whether the level of evidence required in the case of Muhammad, who is not accused in his case, is at all necessary. It is a level of "beyond reasonable doubt" or a lower level.
Did the prosecution cause Muhammad not to testify?
In his summary of the criminal appeal, Defendant 1's attorney, Adv. Simon, added that the prosecution did not take any concrete steps and necessary steps to get Muhammad to testify, and in doing so, the prosecution did not prepare Muhammad to testify, they did not sit with him in advance and did not ask him questions, and they did not even accuse him in court of being the murderer.
According to him, the prosecution could not have "told itself" that it had Section 10A of the Evidence Ordinance, which allows it to submit Muhammad's statements and thus end Muhammad's role in the case, and according to him, there is no court in the world that would have convicted Muhammad without the questions being thrown at him, and he would have chosen to remain silent and not answer, and there is no court that would have preferred his version to the police without him being asked about it in court.
According to the defense attorney, Muhammad was not once asked about things he said during the dubbing, and they were not hurled at him.