Such a position should not be accepted.
The court's obligation to maintain the existence of a fair trial is a concept of the highest order, which constitutes the cornerstone on which criminal law is based. Accordingly, the court is obligated to prevent the abuse of the great power that the investigator has vis-à-vis the interrogee, and to balance this great power by ensuring that the police investigators comply with the provisions of the law as written and written.
- With regard to the "awkwardness" of the criminal proceeding - a high-quality, complete, and orderly investigation with strict adherence to the rights of the interrogee - is what will ensure that the criminal proceeding will be conducted efficiently, and at the same time, will significantly assist in the administration of justice. On the other hand, investigative proceedings that are overshadowed by a cloud of doubt about their credibility, competence, and integrity, and fear of deprivation of the rights of the interrogee, are liable to lead to a lack of trust in the results of the investigation - both on the part of the court hearing the main proceeding and on the part of the public. In practice, as in the present case, we are witnessing repeated violations of the rights and privacy of interrogees during their interrogation.
The case before us illustrates this. There is no dispute that there was a flaw in the manner in which the interrogators behaved, and therefore I do not see why this flaw that led to the delay of the proceeding and much litigation justifies an approach that expands, in practice, the scope of the investigative bodies; and on the other hand, the reduction of the rights of interrogees. In my opinion, it is desirable that this court adopt an approach that will incentivize the prevention of the recurrence of defects of this kind, and thus prevent the complexity of criminal proceedings.
Therefore, if my opinion had been heard, we would have ordered the rejection of all four applications for search warrants that were filed in this proceeding.