Beyond the aforesaid, the judgment to which the defense is referring was not given by the Supreme Court, and the fact that the prosecution chose not to file an appeal against the said decision given in a district court cannot lead to the conclusion that this is a binding judgment as far as we are concerned (all the more so when it is not possible to exclude the possibility that the state's considerations not to appeal the judgment relate, inter alia, to public considerations and considerations of the length of the trial).
Briefing by the informant
Another argument that was made orally and in writing, by counsel for all the defendants, was that, in our case, there was an improper operation of an informant, since the informant was prepared and briefed by the rehearsal of the investigations in the case in an improper manner. It was argued that the state calls the preparatory meeting with senior investigator Eyal Saban a "preparatory meeting," but according to the defense attorneys, a preparatory meeting is also prohibited, and in practice, when a national informant officer came to the hearing of the case against Mohammed, the same informant officer noted that it is strictly forbidden for an informant to speak to a resumption of investigations.
In the course of his written summaries, counsel for defendant 1, Adv. Sadeh, argued that in accordance with the procedure for employing informants, investigation officers are prohibited from briefing or talking to an informant during the operation. According to him, when the investigation officer, Eyal Saban, was confronted with the claim that he had spoken with the informant before he entered the cell, he said that he had only spoken with the informant after it had been briefed by the informant officer, and only gave the informant a general background without going into details.
According to the defense attorney, the informant says that he sat down for a briefing with the informant officer, when the investigation officer was present in the room, and said that the investigation officer may have told him that the suspect was a hole.