There was no dispute between the parties that defendants 2 and 3 were not present at the scene of the murder in Hura, but were waiting at the "meeting point" on the eastern outskirts of the village of Hura in the direction of Yatir.
Muhammad's words to the informant in relation to Defendant 2
Defendant 2's knowledge of the murder – "I sat with him when I came" – during his conversations with the informant, Muhammad gave the informant details relating to Defendant 2, and in the conversation P/20, for example, Muhammad mentioned the nickname "Beauty, Beauty" (P/20A, pp. 3 and 4 and also pp. 10, paras. 17-19), which is the nickname used by Defendant 2 in his Facebook card, and this fact was even confirmed by Defendant 2 during his testimony (testimony of January 10, 2023, pp. 353, paras. 1-6)
According to the accusing counsel, from Muhammad's words in the entire conversation P/20A, it is possible to learn that defendant 2 knew about the commission of the murder at the time it occurred, and it will be said at this stage that according to my evidence from all the things that Muhammad gave to the informant regarding defendant 2, (and this is in complete contradiction to his words regarding defendant 1) it will not be possible at the end of the day to learn in a true way whether defendant 2 knew about the intention of the murder or not. All as detailed below:
In their summary, the accuser's counsel referred to the fact that during the aforementioned conversation, the informant asked Muhammad: "It's beautiful, what does he know about you? If he wants to talk, what does he know about you? He was the driver," and Muhammad replies, "I sat with him when I came, you understand" (P/20A, p. 4, 24-26).
According to the accuser's counsel, it appears from the aforesaid statements that when Muhammad and the informant talked about the ability of defendant 2 to incriminate Muhammad, Muhammad explained in the context of the murder that he was sitting with defendant 2 before the murder, and from this it can be learned that defendant 2 also knew that the gang was preparing to commit the murder.