Caselaw

Serious Crimes Case (Be’er Sheva) 33815-10-23 State of Israel v. Ahmad Abu al-Qi’an - part 81

September 6, 2026
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As far as the location of these "children" at the scene is concerned, it could and should have been possible for the investigative unit to work more diligently in order to ascertain their identities and later try to locate them.  At the same time, even if it appears from Jaudet's statement that there were "children" further down the street, there is no certainty that they saw the car-ramming, and this is separate from their willingness to give a statement (and see that Judat was very afraid to be with police officers on the street where he lived during the reconstruction).  This is the situation with regard to the difficulty of tracing Ahmad's statement that he heard a "boy" say that the defendant was the one who ran over Ahmad.

As for the cameras at the gas station, according to the ambulance driver (Baha al-Sayed), the connection to the car in which the deceased was not at the gas station at all, but at all after he was on his way outside Hura when two vehicles signaled him to stop (see P/51 S.  5-7).  Moreover, the investigative unit actually made an effort to locate security cameras, and in this regard see the testimony of Commander Darina Korpin, who located the cameras overlooking the parking lot of the defendant's home.  (In addition to them, cameras were located overlooking the end of Al-Tikva Street).

As to the alleged investigative failures in relation to the scene, and as detailed in the context of Examiner Partosh's testimony: if the investigators had not noticed and documented the blood stains at all, and in particular the one before the bumper, it would have been possible to speak of investigative failures.  In the case at hand, Investigator Talker documented all the blood stains and even saw fit to send them to a biological laboratory for the purpose of examining their compatibility with the deceased's blood (and indeed found such a match).  Examiner Partush was aware of the existence of all the blood stains, including the first blood stain that was found in front of the bumper, and referred to this in his opinion.  The fact that Examiner Partush, according to his professional understanding, determined that it is not possible to learn the direction or location of the impact from the blood stains, does not constitute an investigative failure, even if it is not acceptable to the defense, and at most it should be viewed as an erroneous professional conclusion (and this is not our determination).

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