Muhammad's words to the informant in relation to defendant 1, whether defendant 1 was at the scene of the murder - "see everything" - in the arguments of counsel for defendant 1 It was argued that the accuser, in her claim that defendant 1 was an accomplice to the murder, relied mainly on the words of Muhammad, who stated to the informant that defendant 1 "saw everything" and in fact had no additional evidence to prove her claim.
According to counsel for defendant 1, it cannot be said that the statement that defendant 1 "saw everything" implies complicity in the murder, nor can it be said that the expression "saw everything" necessarily leads to the defendant's knowledge that a murder was about to be committed and not an injury, since this does not imply that the defendant knew about the existence of a gun.
According to counsel for defendant 1, contradictions found in the defendant's statements and his suppressed testimony can strengthen evidence that exists, but they will not be able to strengthen evidence that does not exist.
It was further argued in the words of counsel for defendant 1 that the accuser seeks to base a significant part of the evidence on the defendant's lies, his silence and his suppressed testimony, but this is impossible.
It was argued that the fact that Muhammad said that the defendant "saw everything" does not mean that defendant 1 was driving, does not mean that he was equipped with a weapon, nor did the fact that Muhammad said that he trusted defendant 1 not to open his mouth would not make it possible to determine that the defendant knew that a murder was about to take place, or that he was an accomplice to the crime of murder.
According to the defendant's counsel, when it comes to a murder offense, the court must be more careful when applying the partnership law, and a greater evidentiary burden is required.
Discussion - During the dubbing call P/20A, the informant asked Muhammad, "The one with you (there is no dispute that this is Defendant 1 - A.H.) will not open up to you?In response, Muhammad clicked his tongue as if to say "no" and continued "a million, a million percent" and when the informant continued and asked, "Let's say he can open .... He became weak, he was confused, remembering his children...Muhammad replied with the word "see" and when he was informed, he asked, "What?Muhammad replied, "See everything." (P/20A, p. 6).