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Serious Crimes Case (Be’er Sheva) 33815-10-23 State of Israel v. Ahmad Abu al-Qi’an - part 18

September 6, 2026
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First, a witness should not be expected to repeat his version in the same way, every time it is delivered, when a difference in one wording or another is only part of the nature of human memory.  Second, Tawfiq's mother tongue is Arabic, but his interrogation by the police was conducted as taught by the interrogator Zeitoun in Hebrew.  Tawfiq's description of the threats was given in both Hebrew and Arabic (during the confrontation).  By mentioning this detail, the intention is not to show that there was a flaw in his interrogation or that he did not understand the questions, but rather that the giving of a version, once in the mother tongue and once in another language, can by its nature bring about a change in the wording of the words as well as in the richness of the details, or in certain expressions.  Third, and more importantly, it should not be said that these are different versions, or those that cannot coexist, when on the face of it, it can be seen that the difference is expressed in the addition of details about those that have already been given, and not in the changes.  This is especially true with regard to Tawfiq's version that was given in Arabic as part of the confrontation.  Thus, and in general, it can be said that in all versions, the defendant is credited with saying that he intended to leave the place and return to confront the deceased - to harm him - with the Dodge.  Thus, in the police interrogation (P/43), Tawfiq stated: "And Ahmad said to him: 'Muhammad, listen, you broke the window and you will get what you deserve for what you did, and Muhammad said to him, 'Listen, I'll pay you for the glass, ' and Ahmad told him, 'I don't want to bring the Dodge to destroy your car with the Dodge.' And later: 'Yes, he said, 'If you're a man, wait as you are, I'll bring the Dodge and get back to you...'"

And in the confrontation: "Muhammad parked and got out of the car, and I grabbed Muhammad, and Muhammad started beating me so I'll release him on him and he thinks we're fighting, he got out of the car advancing and then I threw him out and threw Muhammad, and Muhammad got in his car and he said to Muhammad, listen, if you're a man, wait for me at the intersection, I'm going to get the Dodge and come back to you...  " ; " Ahmed, he said to him like this, if you are a man, stay there, I bring the dodge, I will destroy your car on you and you are in the dodge, this is what he said to 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."

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