Caselaw

Serious Crimes Case (Be’er Sheva) 33815-10-23 State of Israel v. Ahmad Abu al-Qi’an - part 31

September 6, 2026
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Further support for Jaudat's statements regarding the fact that the defendant not only hit the deceased but also overtook him, can be found in the presence of hidden blood of the deceased on the right rear wheel of the Dodge.  Contrary to the defense expert's argument (whose opinion will be addressed in a separate chapter), an examination of the photograph of the tire shows that it can be clearly seen that the hidden blood is also on the tread of the tire and not only on its side (P/54, p.  3).  For the sake of convenience, we added on top of the photograph of the traffic examiner the line separating the tire wall from the tread itself (marked with a red line), while the location of the hidden blood was marked by the investigator with a yellow ellipsis.

In addition, two dust wiping stains were found in the Dodge car: one on the right suspension near the front right wheel in the underside of the car (AZ.1), and the other on the right rear side of a plastic part in the car's belly (AZ.2).

 

These marks, both of which are found in the lower right part (and at a similar distance, even if not identical from the right end) of the Dodge, can be reconciled with the vehicle mounting on the body of the deceased or part of his body, and in this context consideration should be taken into account that it is a tall freight vehicle (see P/39, Photograph No. 7 in relation to the height of the tampon), so that the probability that its belly rubbed the body of the deceased is much higher than that of a private vehicle.

In addition, if there is no dispute that the Dodge did not brake, then while the speed of the deceased's body decreases after the impact, the speed of the Dodge remains constant.  Hence, at a certain point, the Dodge is necessarily supposed to "get" the body of the deceased and get on it.  The defense expert also does not dispute this (although he says that the defendant may have tried to avoid injury by shifting the steering wheel).

To this, we will add that there is no dispute that the deceased was bleeding from his head as a result of the car-ramming.  In this regard, he saw, inter alia, the testimony of the paramedic who described that the deceased had "bleeding from the face, there was a bruised chest on the left side, there was a fracture of the left thigh completely crooked, there were also fractures in the ribs and collapse of the lungs" (P/32, line 16), and similarly an MDA medical report in which it is described that the deceased was admitted in a state of unconsciousness with "bleeding from the face, abrasions all over the body, multiple fractures in the chest cage...".  It also emerges from the opinion of the Institute of Forensic Medicine (P/53) that in addition to the abrasion wounds and hematomas on the face, there is a fracture line and bleeding in the spider membrane in the skull of the deceased, which is consistent with a severe head injury.

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