Was it proven that Shohat agreed to submit the Matrix offer at the price that Shachar sent him?
- The main question in our case, as already noted above, is whether it has been proven at the required level that Shohat agreed to submit Matrix's proposal in accordance with Shachar's notice of coordination to him (P/146).
- We noted above that the accuser bases her position with respect to Shohat's consent to coordination on Shahar's testimony, on a matrix proposal that corresponds to the accuser's position on the price quoted by Shahar, and on the fact that Shohat's version should not be trusted because he did not see Shahar's coordination notice (P/146) or that he acted on the basis of IBM.
- An examination of the totality of the evidence raises a dilemma in the case of Shohat. At the end of the day, I am of the opinion that reasonable doubt remains, even if it is a borderline case, as to the question of Shohat's consent to the coordination arrangement with the Oranim Police. We'll explain.
- Shahar's testimony – As stated above, Shahar testified in various places during his testimony that Shochat agreed to submit a price quote to Shachar in accordance with the coordination notice sent to him by Shachar (P/146, see paragraph 697 above).
Shochat noted this in his testimony that he did not agree to submit the offer that Shachar sent him (p. 6759, s. 27 - p. 6760, s. 2, p. 6760, s. 19-21). Shohat claimed that Shachar's statements, whether in his interrogation with the PA or in his testimony, were not true and that they were weightless as incriminating evidence against Shohat. In this context, he pointed out, inter alia, that in his interrogation Shahar did not remember the Oranim project and its details at all, that his answers were often based on conjectures in light of the documents presented to him, and that material contradictions were discovered in what he gave.
I cannot accept the argument that Shachar's testimony is weightless or that no weight should be given to his testimony that Shochat agreed to submit a coordinated offer to the Oranim Police Department. These words of Shachar were made against the interest, including taking into account the close friendly relationship between the two (see paragraph 688 above). In various places in his testimony it was clear that Shachar tried not to harm the slaughterer, that Shachar took responsibility for the conduct, testified that he was the one who initiated and not the slaughterer, that he was the one who asked the slaughterer for a favor and that "nothing came from him (the slaughterer)", and Shachar even expressed that he did not want to cause "injustice" to the slaughterer (p. 3556, paras. 7-9; p. 3558, s. 24 - p. 3559, s. 4). Since Shachar testified that Shohat agreed to coordinate with the Oranim Police Department, this gives weight to the matter.