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Serious Crimes Case (Be’er Sheva) 33815-10-23 State of Israel v. Ahmad Abu al-Qi’an - part 74

September 6, 2026
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Above the needs of the matter, and in the context of the aforesaid, we will add that fractures were also found on the right side of the deceased's body, and see, for example, paragraph 18 of the opinion, where it is stated that "there are fractures in the pelvic bones; in the lungs and in the bones of the uterus and bosom on the right and left, and in the right scythe."

To the defense expert's determination regarding the direction of traffic, based on a fracture of the left femur, let us repeat the obvious: this is not a "normal" scenario of a pedestrian crossing a road or crossing a crosswalk in a straight line and at a uniform pace, but rather the testimony of Jawadat, who describes an unusual situation in which the Dodge vehicle climbed onto the sidewalk in the direction of the deceased, who was trying to escape from being hit by him.  Unlike the witness, the court is exposed to this testimony and is even obligated to take it into account in the evidentiary attachment.  As detailed above, we have even found confidence in Jaudat's version.

In light of the above, it is not possible to rule out a momentary change in the position of the body during the attempt to evade, leading to a run over.  In fact, all that is required is to turn the body on its axis 90 degrees relative to the Dodge vehicle (in this regard, we can think of a situation in which after the deceased went down to the road from left to right, he noticed the vehicle behind him and asked to return to the sidewalk while turning his body counterclockwise, at which point the vehicle hit him).

During his cross-examination, the prosecutor again questioned the defense expert regarding the existence of a theoretical scenario that reconciles with the fracture in his left thigh.  In response, the witness went further in his answers to behavioral and other levels, dismissing the scenario as illogical: "Because you don't turn toward the car, you run away from it, " and continued: "In most cases, when you see a car, you go backwards, you don't turn around, because you don't have time to turn around."

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