The witness could not shed light on the exact nature of the cuts and whether they were caused by a knife.
A fact that is not in dispute - the only cuts on the defendant's body, which could have been caused by an injury or a knife stabbing, are located on the palms of his hands. The defendant was not stabbed, by his unknown assailants, according to him, other body parts, and insofar as we are concerned, perhaps, defensive wounds, and not "collateral damage" due to his own stabbing of the deceased - his refusal to undergo a life test, and the lack of evidence on his behalf (even an expert opinion based on photographs of the injuries) do not allow for the determination of any finding that would benefit his defense.
- Treating the deceased:
Caring for the deceased after the incident
- With regard to the treatment of the deceased , we heard the treatment officials who provided him with medical assistance. The main defense's argument, in connection with this, is that the paramedic who treated him (Ofir Peretz) made a negligent mistake in the operation he performed - puncture of the chest of air in the right lung, instead of the left one, and thus in fact worsened his condition.
As has already been pointed out to the defense, at the time of the hearing, it is not enough to point out an error or even negligence in the treatment. According to the tests of section 309(1), and in the light of the case law, as mentioned, it must be shown that the faulty treatment was the immediate and exclusive cause of death. This is a matter of expertise, and this has not been proven in any way at trial. We have before us no other evidence, even circumstantial one, that would lead to such a conclusion. As will be brought below, the stabbings (from a knife and not from the "needle") are the sole cause of death, and this is the firm position of the forensic doctor who testified to this.
Medical staff who treated the deceased: at the scene / ambulance / hospital (direct testimonies that are not expert opinions)
- MDA paramedic who treated the deceased in an ambulance on his way to the hospital, Ofir Peretz, A.T. 25 - his statement was submitted to the police, dated 24.03.21 (P/30); and an MDA medical report in the case of the deceased (P/30A).
According to him, he arrived at the scene with an MDA ambulance and found teams from United Hatzalah there, who treated a lightly injured person. When the injured man (the defendant) was put in the ambulance, the witness noticed that the amount of blood on him did not match the injuries he suffered - cuts to his hands. During his treatment, the police received a report of another wounded person at the scene in the yard of the house, and they went to the scene. There, they found an unconscious man in serious condition. He added , "He had multiple stab wounds all over his upper body, including in the neck, chest and back" (Q. 15). They gave him initial treatment, which included oxygen, infusion, and rapid evacuation in an ambulance, while performing CPR. When they arrived at the hospital, his condition was serious and unstable, without a pulse, and after resuscitation attempts, a doctor pronounced him dead. He also said that the lightly injured person was questioned by an intern named Ari Friedman (A.T. 40), who also treated him.