Caselaw

Class Action (Tel Aviv) 11278-10-19 Yehoshua Klein v. Oil Refineries Ltd. - part 142

January 13, 2026
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A:                              It's much less than it needs

Q:                              This is much less than it should be.  How much do you need? You don't know how to say.

A:                              I don't know how to tell you right now.

Q:                              So why do you keep saying that it's less than you need when you don't know how much you need?

A:                              That's right.

[....]

Q:                              How can you say it responsibly? You're an expert, you're supposed to say things responsibly.  How can you say in a way Responsible That there is less than what is needed? You say it twice and you don't know how much you need.

A:                              I don't know.

(In addition, page 247, line 7 to page 248, line 25).

And later on -

Q:                              If you told the truth, when were there fewer monitoring stations?

A:                                I don't know how to tell you

Q:                                And how many were there?

A:                                I don't know how to tell you when and I don't know how much.  There were fewer.

Q:                                How can you say?

A:                              I saw it written.  I don't know where to tell you.

(page 252, lines 15-20) (and also: pages 251-249 and 298).

  1. In view of the above, no weight should be given to the Applicants' argument – through Dr. Shlita and in general – with regard to the (small) number and (deficient) functioning of the monitoring stations. The expert did not know what the standard of the monitoring stations was, claimed that their number was low, contrary to what was stated in his first opinion (in which he mentioned 26 stations), and did not know where he derived the information that the monitoring times were partial and short. In the margins of what has been said, it should be noted that Lin (on behalf of the applicants) testified regarding  the number of monitoring stations that "...that the monitoring in Haifa has more monitoring points than anywhere else in the country, in my opinion in the world" (p. 842) (see also  paragraph 4.1  of Dr. Libiki's opinion).
  2. Finally, the Applicants' argument regarding the small number of monitoring stations in Haifa Bay or with regard to their poor functioning is hereby rejected, in the absence of proof (see also the discussion below in relation to Appendix 11 of the Applicants).
  3. Libiki testified regarding her experience and expertise in the field of monitoring as follows:

:Q      So I'll tell you why it's important for me to know, because you haven't actually learned, uh, in an orderly way.  Academic.  About monitoring stations.  And you, uh, are currently testifying in court and referring to the monitoring stations, when in fact most of what you haveJust confirm me, it may be a few years of experience in relating to monitoring stations?

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