Caselaw

Serious Crimes Case (Be’er Sheva) 33815-10-23 State of Israel v. Ahmad Abu al-Qi’an - part 6

September 6, 2026
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An opinion by traffic examiner Yaakov Partush, which includes documentation of the scene, documentation and examination of the Dodge, conducting a field of vision test, and a braking test, while determining the following facts: the defendant hit the deceased with the Dodge vehicle while he was in the opposite lane (the left lane), a fact that is not in dispute; The defendant did not brake the Dodge vehicle at any stage of the ramming - this fact is also not in dispute (according to the defendant, the brakes did not work, but this claim was examined and rejected).  A reconstruction of it shows that the more the defendant tried to brake, the more it was an accident avoided.

Incriminating behavior of the defendant: After the injury to the deceased, the defendant did not stop to check the results of his actions or offer help, and he fled the scene towards the Yatir Forest, while the deceased remained on the road, drenched in his blood.  The defendant also did not call medical forces during his escape - these facts are not in dispute.  A few hours after the accident, the defendant was randomly arrested by a police checkpoint while he was in another vehicle while leaving the Dodge in the forest - a fact that is also not controversial.

The defendant's lies are proven at the core of the dispute: the defendant's version was found to be manifestly unreliable.  An evolving, false version that was partially suppressed in a way that could not crack the evidentiary basis detailed above.  Not only that, the defendant's version in parts of it was found to be false on material issues in a way that constitutes support for the prosecution's evidence.

 

 

The prosecution's evidence:

Aerial photo:

For the sake of convenience, attach another command from "Google Maps" indicating the relevant places: the location of the deceased's home, the place of washing, the place of residence of the accused, the place of the car-ramming, the route taken by the defendant with the Dodge vehicle.  It should be noted that with the exception of the exact location of the vehicular (impact), all of the details are not in dispute (see also P/23):

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