The Defense's Evidence:
On behalf of the defense, the defendant, his brother Muhammad Abu al-Qiyan, and an expert on behalf of the defense, Mr. Avner Rosengarten, testified. In order not to prolong it beyond what is necessary, and for reasons of efficiency, the details of the relevant testimonies and their evaluation will be done together.
Discussion and Decision:
Let us preface the beginning: after hearing and being impressed directly by the prosecution's witnesses, the testimony of the defendant and the various experts; After we have considered the various exhibits, the arguments of the parties, and the other relevant data, we have reached the conclusion that the accuser has proven what is attributed to the defendant beyond any reasonable doubt and hence convicts him of the charges against him.
Our conclusion is based on a combination of weighty circumstantial and direct evidence, along with many corroborating evidence. This evidence includes:
Tawfiq's testimony regarding the confrontation that developed at the washing machine between the defendant and the deceased, during which the deceased tried to attack the defendant and even cracked the windshield of the defendant's car, and in response, the defendant threatened the deceased that he intended to bring the Dodge car, and to hit the deceased again with the Dodge vehicle (a threat that was realized a short time later).
Security camera footage in which it can be seen that a few minutes after the incident, the deceased met with his brother Karim at their home. The defendant, who is a young driver who does not have a suitable driver's license for the Dodge, takes turns with his brother in driving the Dodge and is seen driving towards the deceased's home.
Testimony by Jawdat about the manner in which the accident occurred, testimony according to which the defendant drove with the Dodge in the direction of the deceased who was on the sidewalk. The deceased, who noticed the dodge, went down towards the road, but the defendant chased the deceased, aimed the Dodge back at the deceased, hit him, got on top of him with the Dodge and caused his fatal injury. (In fact, Jawdat's testimony, insofar as she is trusted, in the absence of a claim of loss of control of the vehicle, is sufficient to indicate that the defendant deliberately hit the deceased.)