The aforementioned indicates that the closer the vehicular was to the intersection, the closer the defendant was to the intersection, the more the defendant could have noticed the deceased even before he turned right, and at least immediately upon entering the intersection. Hence, he also had a longer period of time to brake the vehicle, ß the longer the time during which the driver noticed a pedestrian and avoided braking the greater, the more consistent this is with an informed choice not to brake, and less with a delay in responding.
Moreover, with regard to the presence of the first blood stain before the speed bump: the impression that can arise from the defense's summaries is that Examiner Partush was surprised by the location of the first blood stain when he became aware of it only when he was hurled at it in his cross-examination. Thus, it is also possible and the impression can be created that the question of the distance from which the defendant could have discerned the deceased (increasing or decreasing it) as a derivative of the location of the first blood stain, was examined for the first time in court following the conclusions of the defense expert in favor of the defense.
In practice, the witness Partush, already in his opinion (paragraph 9), noted the presence of the first blood stain even before the bumper, and thus also saw fit to note that to the extent that the deceased was located in the place where the first blood stain was located, and then, along with shortening the distance from the pedestrian by 11 meters, this would have led to the defendant "seeing the pedestrian before he entered the right corner". It follows from this, nor should the aforesaid be regarded as an investigative failure, since we are not facing a situation in which the investigators did not notice an important finding at the scene, but rather a situation in which the arrival of the finding was found and marked, and even so, the examiner, in the circumstances of the case and according to his professional judgment, found that there is difficulty in establishing the point of impact on it.