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Serious Crimes Case (Be’er Sheva) 33815-10-23 State of Israel v. Ahmad Abu al-Qi’an - part 72

September 6, 2026
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Moreover, the direction of the deceased's crossing is, in fact, the most important figure in all the opinions of the defense expert (together with the location of the impact).  After the witness determined the direction of the crossing, he assessed the speed at which the deceased walked (and see our reference to the manner in which this) and "reverse" how long the defendant had to brake and whether it was an inevitable accident.

This is how the defense expert states in paragraph 4 of his written opinion: "The pedestrian was injured in his left thigh, which was broken.  Such an injury is typical of an injury to a pedestrian going out from right to left in relation to the direction of the car's movement [expert opinion of Dr.  Kugel, p.  11]..."

Before we examine the witness's determination, we will recall that the defendant, in none of his versions before the police, claimed that the deceased crossed from right to left.  The claim regarding a right-to-left crossing was also not made in the written response to the indictment (it was only detailed that the defendant was surprised by the deceased's presence on the road).  In his testimony in court, too, the defendant did not make this claim.  In fact, the only one who claims this - at the end of the defense case in 2025 - is the expert witness.

As for the very determination, this of course ignores the testimony of Jaudat, who explicitly stated the opposite direction of crossing, and not only that, describes a kind of "chase" and not the usual crossing of a pedestrian in a straight line from one side of the road to the other (and see the court's reference to the witness's complete disregard of eyewitness versions).

More importantly, reading the quote in paragraph 4 of the opinion, the reader gets the impression that Dr.  Kugel was the one who determined that the fracture in the left thigh indicates the direction of a crossing from right to left, and not her.  A perusal of the opinion shows that Dr.  Kugel, in referring to the fracture in the hip, did not refer at all to the direction of the crossing, and what was written is that "the fracture in the left femur can be reconciled with the fact that the deceased was hit by the vehicle on the left side of the body.  "

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