Similarly, the defense expert did not inspect the Dodge himself (he claimed that he asked to inspect the vehicle and was not allowed to do so, see p. 410). Again, for the purpose of the verdict, it does not matter whether, as he says, he was indeed prevented from doing so, but rather the very fact that he believed that he was right to examine a given person independently and without mediation (as he sought to take measurements at the scene) and for one reason or another he refrained from doing so. The examination of the vehicle, as well as the right rear tire, is relevant to another dispute that arose between the parties: whether the Dodge vehicle overtook the deceased or only hit him.
It should also be questioned that the defense expert repeatedly stated that for the purpose of his opinion he relied solely on forensic findings and not on any testimony, and even so, he did not ask for his disposal the CD containing the photographs taken by Policeman Israel Talker P/3 documenting the scene shortly after the vehicular attack, and in particular the blood stains found at the scene and on the basis of which the sketch on which the witness relies in his opinion was made.
Even with regard to this figure, we are not dealing with precision for its own sake, since these photographs are important to the conclusion reached by the defense expert regarding the point of impact. It should be recalled that Examiner Partush explained that in view of the lack of clarity regarding the blood marks, their layout and configuration (as he sees it in his professional view), he cannot determine that the first blood stain that is located near the bumper is the place of impact. Similarly, he saw the memorandum that he attached to his opinion, in which he claimed that he could not determine the direction of blood movement. The composition of the blood stains also has significance for the other part of the defense expert's opinion, in relation to the distance that the deceased's body was dropped/dragged. The defense expert's assumption is that the blood stains, all of them, are the product of the body being thrown and rolled on the road until it stops (and therefore, for the purpose of his calculations, he took into account the figure of 30 meters in the throwing formula).