The letter submitted by the defendant relates to the testimony of the eyewitness Israel Zadok Regarding the 3 deviations.
As mentioned aboveEyewitness Israel Zadok retracted his testimony in court, examiner Maayan Sabari testified in court that he did not rely on this testimony in determining findings regarding the defendant's guilt, and even the court acquitted the defendant of what is stated in section 6 of the amended indictment, regarding the three deviations as stated above.
Moreover, Examiner Maayan also referred to the letter and videos submitted by the defendant in his memorandum (P/39) and as stated above, determined that the field of vision examined by the defendant did not match the road conditions that were in place at the time of the accident in terms of night time and dark conditions at the site.
With regard to the defendant's claim in the letter (P/26) that he wished to check whether the eyewitness had contact with the other vehicle of the woman involved or any of his passengers.
Obvious, that no such connection was found, and in any event, the defendant and the defense abandoned this claim during the course of the case.
Theoretical possibility of the accident occurring
The defendant claimed in his interrogations with the police, that the accident occurred in his lane.
It should be noted, that the defense's version, as presented to the examiner, regarding the theoretical possibility that the accident occurred, did not even come up at any stage in the defendant's interrogations at the police, where he gave his first version of how the accident occurred, and therefore it is a new version of the defense of how the accident occurred, the memory of which came into existence only in the cross-examination of the examiner Ma'ayan, and in any event, this new version was also not supported by any expert examiner's opinion on behalf of the defense.
The Defendant's Condition After the Accident
The Defendant in his testimony in court during his main interrogation When asked to tell about the accident, he testified:
"I made my way on the Lachish road in the direction of Amatzia, the weather was stormy and rainy.
I was alone on the pathThere was no car behind me or in front of me, as I drove
On this section of the roadSuddenly, a car appears in front of me, and I can only see its lights
Until the moment of the collision, I am in my lane alone in the direction of my travel..
Next thing I rememberthat I woke up in the hospital after surgery and my spleen was removed..."
(See his testimony of 14.26 p. 96, paras. 18-22 - emphasis not in the original - A.H.B.).