Forensics unable to determine Eldar Dayan's cause of death, suspects released from house arrest

Police did not ask the court to extend the house arrest of seven suspects in the investigation into Eldar Dayan’s death on Thursday, allowing the house-arrest restrictions to expire after forensic experts were unable to determine his cause of death.

The decision does not close the investigation or clear the suspects. It does, however, leave all seven outside custody and reflects the central difficulty facing investigators: Without knowing how Dayan died, police have been unable to establish the evidence needed to sustain a murder allegation.

Two of Dayan’s friends, Omri Peretz and Maxim Barberman, were initially arrested on suspicion of murder. Police are now investigating them on suspicion of attempted murder.

Five other suspects from Petah Tikva are suspected of involvement in a fight that preceded Dayan’s disappearance and death.

Earlier this week, police asked the Petah Tikva Magistrate’s Court to place the seven under house arrest for two weeks. Judge Ronen Peleg instead ordered that they remain under house arrest only until Thursday.

Police did not file a request to extend that order, meaning the house arrest expired without a further court hearing.

Condition of remains makes it impossible to determine cause of death

The change followed a report from the L. Greenberg Institute of Forensic Medicine at Abu Kabir, which found that the condition of Dayan’s remains made it impossible to determine his cause of death.

The finding does not establish that Dayan was not killed. It leaves investigators unable to determine how he died or connect any of the suspects’ alleged actions to his death.

At the previous hearing, a police representative acknowledged that the evidence gathered did not support a murder allegation. Police nevertheless said additional laboratory findings were still pending and that the investigation could potentially support a suspicion of attempted murder against Peretz and Barberman.

Their attorneys rejected that suspicion and argued that police had not presented substantial evidence linking their clients either to Dayan’s death or to an attempt to kill him.

Dayan’s relatives have sharply criticized the handling of the investigation, alleging that delays in locating his remains allowed evidence to be compromised.

The investigation can continue despite the end of the house arrest, and police may seek to arrest the suspects again if new evidence emerges. Whether any of the seven will ultimately be charged remains undecided.