With regard to this explanation, it should be said that the great nervousness and anger are equally consistent - and perhaps even more - with the fact that he believed that the defendant had carried out the threat he made against the deceased. And even anger and anger, why should this be expressed in the way of adding a threat that did not exist? Moreover, Tawfik's claim in his testimony that his great anger allegedly led to a lie regarding the threat made by the defendant is inconsistent with the fact that when asked whether the defendant ran over the deceased deliberately, he knew how to be careful and separate between what he heard and what he perceived in his senses: "I don't know that, I didn't see this incident." It should be recalled that he was near the scene when after the ramming he even heard the children calling him, so that his very ability to give a version that he witnessed the accident or part of it is possible from the point of view of the "opportunity test".
We also consider that Tawfiq's explanation of his retraction regarding the threats was not coherent or even logical. In this context, he testified: "I don't remember and I don't know why I said that, I said it when I was angry with him, " and repeated this answer again, even after he was told that as it is documented, he said the words, "I don't remember and I don't know." The argument that he does not remember saying those statements is inconsistent with the continuation of the explanation that he did not know why he said it or with the alternative explanation that he said it because he was angry with the defendant who ran over his cousin.
Moreover. The confrontation between Tawfiq and the defendant was documented and submitted to the court for review (a documented interrogation of the defendant dated October 16,2023 - P/27(b), at the end of which Tawfiq was brought in for the purpose of carrying out a confrontation, as well as a transcript of the confrontation - P/27(c), pp. 59-65). This documentation allows the court to get an unmediated impression of the manner in which Tawfiq detailed the threats made by the defendant, his state of mind, and the defendant's reaction to that harsh accusation. From watching the confrontation, one gets the strong impression that Tawfik's words regarding the threat were delivered in an authentic, spontaneous manner, from his heart, and in any event, certainly not in a way that is consistent with fiction.