We will conclude our discussion of the question of the accident being inevitable in what it would have been correct to begin with, in that even the impossibility of braking a passage to injury to the deceased due to the defendant's inappropriate speed can be reconciled with the intention to kill, when in the case at hand the defendant did not try to prevent the accident at all.
To summarize this chapter: from the outset, the mandate that the defense expert took upon himself in this case raises many difficulties; the materials on which the witness relied were not complete; The manner in which the witness acted when he completely ignored the testimonies in the case, including the defendant's version before and after he analyzed the forensic findings, is also problematic; The calculations he made were not in accordance with the circumstances of the case or the instructions in the examiner's book; The witness was based on hypotheses or assumptions that are not within his area of expertise. In view of all of the above, we are unable to accept what was stated in the opinion of the defense expert, and we do not find it to be even one that raises doubt as to the defendant's guilt.
Investigative Failures:
In its summary, the defense noted a series of investigative failures on the part of the investigative unit, which, according to it, relied exclusively on the testimonies of Jaudat and Tawfiq, without examining other investigative directions and without trying to locate potential witnesses. In the context of the incident in the washing, the defense referred to refraining from interrogating Tawfiq's cousin and sufficing with telling Tawfiq to try to bring him for interrogation. As for the car-ramming, the defense referred to the statement of Adam Abu al-Qi'an (who evacuated the deceased in his car) that when he arrived at the scene, the deceased had a number of children with him. It also referred to the statements of another person named Ahmad, who claimed that a child at the scene told others who were with him that the defendant was the one who ran over the deceased. As for the scene, the defense emphasized the failure of the investigative unit to pay attention to the blood stains at the scene and their significance (as expressed in the interrogation of Examiner Partush and the defense expert). In addition, it was claimed that there was room to try to download videos from the security cameras at the gas station (which Adam and Jaudat were joined by) in order to locate the people who assisted in the evacuation.