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Serious Crimes Case (Be’er Sheva) 33815-10-23 State of Israel v. Ahmad Abu al-Qi’an - part 79

September 6, 2026
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Moreover, the witness marked a straight red line on the surface of the aerial photograph that he used in the opinion, with point No. 4 on it as marking the first place where the defendant could have noticed the deceased.  It seems that the determination of the defendant's field of vision, which is the central pillar of the entire opinion, should be done by means of experimentation and measurement in the field, and not in the simplistic manner of passing a straight line on a field record, and at the very least, to be assisted by the video videos of the examiners, with the help of which it is possible to learn about the elevation dimension and other data that may and may not find expression in any other order (and see our reference to the fact that the expert was forced to leave the place before he was able to take measurements on the spot).

Moreover, the transfer of the red line that simulates the field of vision was done on the assumption that the Dodge was near the sidewalk on the right without knowing the actual location of the vehicle moving to the right (in the center of the road or on its left).  The witness confirmed that if the Dodge vehicle reached the turn not adjacent to the right lane but in the opposite lane (driving on the left side), this also had implications for the entire field of vision (according to him, the experiment conducted by the police was also done while positioning the vehicle not entirely in the right lane, but with an inclination to the center, as he also did).

Furthermore, with regard to the expert's determination that any drive above 14 km/h will lead to an accident being inevitable, it seems that it is also correct to use logic and common sense tests.  14 km/h is a slow drive, the beginning of a real ride, a speed that is easily exceeded when riding a bicycle, when it is not for nothing that there is no speed limit sign of 14 km/h and not even close to it.  Since the accident site is a residential neighborhood (quite crowded as the videos suggest), when it can be assumed that pedestrians cross the place frequently, accepting the position of the defense expert means frequent and numerous accidents, but due to a vehicle turning from Al-Doha Street to Al-Talkoa, at zero speed.

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