As to the defense's argument with respect to the text messages found on Nivin's phone (P/4), from which it can be learned that the deceased had a quarrel with Tawfik ("Wasfi's son"), it must first be noted that none of the parties to that exchange of text messages came up to testify in such a way that it would be possible to learn whether these were things they perceived in their senses, or rumors that spread in the neighborhood after the incident. Moreover, with regard to those text messages, they do not negate Tawfik's version that he confirms from his mouth that he physically confronted the deceased when he was separating him from the defendant, and according to him, he even received beatings in the process. More than necessary, we note that some of those text messages can also act on the defendant's obligation, in particular the text message from 19:42, which contains an alleged description of the car-ramming.
Summary so far:
Although it is not possible to determine clearly what led Tawfik to retract his description of the threats in his version, it seems that moving on to his testimony in court, he fully understood the meaning of his version in relation to the threat (as the defendant had already taken the trouble to tell him during the confrontation) and for reasons reserved for him, he sought to be lenient with the defendant. This trend is consistent with the fact that Tawfiq, for the first time in court, issued an explanation for the accident on his own initiative by the defendant not seeing with one eye. The defendant's squint in the eye is nothing new, and it can be assumed that it was in Tawfik's knowledge by virtue of their acquaintance from the kindergarten. As such, if he had been right in this "explanation", Tawfiq would have already found it in the police interrogation, and not only in his testimony in court for the first time.
The combination of the general impression of Tawfik's testimony, together with all of the above, leads the court to prefer his version in the interrogation with respect to the threats over his version in court. As noted, Tawfik's version can be corroborated by reinforcements, including the adaptation of his version in terms of timing to security camera footage, the presence of a crack in the windshield of the defendant's car, and the manner in which the events unfolded immediately after the incident in the wash, including the replacement of the Avonsis car for a Dodge, the change of its driver from the defendant's brother to the accused, the ran over of the deceased and his subsequent abandonment, as detailed and detailed.