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Serious Crimes Case (Be’er Sheva) 33815-10-23 State of Israel v. Ahmad Abu al-Qi’an - part 12

September 6, 2026
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"Ahmed, he told him like this, if you are a man, stay there, I bring the dodge, I am destroying your car on you and you are inside the dodge, this is what he told him, and he looked at me like that and told me that the windshield was broken inside your place, Muhammad went and my other cousin said to him, listen to the windshield on me."

Later in the confrontation, after the defendant denied that he threatened the deceased, Tawfiq replied: "He says he didn't tell Muhammad that I was going to get the dodge, right?...  So I ask him and you to come in and pray and bring the Quran and put his hand on the Koran and pray and say like this, if he agrees, we'll see who's right and who's a liar, first of all I've come here to show you that he's a liar and to show you what his lawyer is explaining to him what to say [...] What did you do to me? It's my cousin, you ran him over like a cat...  Hello, I'm not lying, it's my cousin, but I'm saying something open.  "

Evaluation of Tawfik's version:

According to Tawfik, in relation to the quarrel at the washing machine, not to mention the words that the defendant said to the deceased minutes before the accident, are of considerable importance, not only because they testify to the defendant's great anger at the deceased, as a kind of "motive", but also because they contain an explicit disclosure on the part of the defendant of his intentions to harm the deceased and how that injury will be carried out (by means of the dodge).

The prosecution focused its summaries on the question of why Tawfik's statements to the police regarding the threats should be preferred to his testimony, but before we do so, we must examine the witness's version in its entirety and the ability to base incriminating findings on it, whether by adopting his statements to the police or in general.

In this context, Tawfiq's version in our view, as a whole, is worthy of trust.  Tawfiq is indeed a cousin (second degree) of the deceased and ostensibly an interested party, but at the same time, it appears that he knew the defendant well from an early age, and according to him, they even had good friendships: "Ahmed was like my brother, we were from the first grade until we finished school" (a claim that was not denied by the defendant).  Tawfiq's version is orderly, logical, detailed, and, as will be detailed, is also supported by external evidence, including parts of the defendant's version.

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