As mentioned above, the defense not only did not bring any evidence on its behalf to support the defendant's version, but the defendant's version was contradicted and refuted in all the prosecution's evidence.
The defendant's version that he drove in his lane and that the accident occurred in his lane, does not reconcile with the objective findings found at the scene of the accident in the route of the vehicle involved, does not reconcile with the testimonies of the witnesses involved and witnesses, and that the testimony of examiner Ma'ayan, who is an expert testimony, drops the ground underneath it.
Defense Expert Testimony - Mr. Effi Schwartz
Mr. Effi Schwartz testified on behalf of the defense as an expert - We are an expert in decoding airbag computers.
The expert submitted an opinion as part of his testimony in the main investigation, a document known as "Discharge Report - Airbag Computer 3336352 Licensing" - was submitted and marked N/5. As well as the portable storage documenting the activity of the expert witness during the dismantling of the airbag computer.
In the opinion, the expert, Mr. Schwartz, detailed his education and experience.
Mr. Schwartz testified that he is an expert in CDR decoding.
Forest, the airbag computer is called CDR and its memory unit that saves the events is EDR.
The testimony of the expert Mr. Schwartz It was long and prolonged and was heard over two sessions.
This is the opinion of the expert Mr. Schwartz, which relates to the airbag computer of the vehicle involved - The Kia car.
As mentioned above, as part of the investigation of the accident and the hearing of the evidence, it was clarified that the cushion computer of the vehicle involved was not taken out and examined at all.
According to the testimony of examiner Maayan Tsabari, it was not possible to check the airbag computer of the vehicle involved, as testified:
"A. I'm not a CDR expert, there are people in the examiners who are certified to CDR, they tell us which vehicles support this computer program and accordingly we issue orders for the relevant vehicles.
I don't remember at that timeBut you can check, and chances are that this is what happened, because this is the work procedure, that if it doesn't support, then we don't disassemble the airbag computer in advance, there's a tester in a certain app to see if the car supports the software. I can also check now if the vehicle involved supports CDR.
Q. Do you mean if you have software that can read the CDR or does the car have a CDR at all? A CDR is the car's computer that has an EDR component inside that is penetrated, it is the one from which the information is extracted. Is it software that you have or is it a question of whether this car even has a computer?
A. From what I know about CDR, there are vehicles that support decoding and there are vehicles that have this computer but are not supported. From a look at the application, I don't find that it supports Kia." (See his testimony of January 15,2025, pp. 53-54, paras. 32-33,1-9).
In relation to the defendant's vehicle, Examiner Maayan testified that the airbag computer of the defendant's Mazda vehicle was issued as part of an order, but no data was derived from it, since the appropriate cable did not arrive according to the vehicle manufacturer. Additional cables of the Israel Police were examined, but without matching. (The examiner's memorandum was marked N/3).
In this regard, it should be noted, that during the evidentiary hearing in the case, during the hearing of the testimony of Examiner Maayan Tsabari, the parties reached an agreement whereby an expert on behalf of the defense, together with the defendant's attorney and a representative of the Israel Police examiners, would go to the lot where the vehicle involved was located and document the dismantling of the airbag computer from the vehicle involved. Afterwards, as soon as it is possible to unload data from the airbag computer of the vehicle involved, this will be done while visually documenting the process. (See the minutes of the hearing of February 6,2025).
The Defense Expert, Mr. Effi Schwartz in his opinion (P/5) determined that it was not possible to extract data from the Kia airbag computer for several reasons:
Car Key The Kia is inside the ignition switch. As long as the starting voltage remains open and the Kia vehicle is towed away/shifted/pushed, without the power disconnection after the end of the accidental contact, the computer will detect any vibration as another accidental contact event. The Module Memory Unit (EDR) of the Kia vehicle can only save 2 events, any other information has been run over.
Automotive The Kia was heavily damaged as a result of the accidental contact as well as the rescue operations.
The communication system in the car was irreparably damaged.
to the car's electrical system The Kia suffered damage as a result of the accidental contact or rescue operations.
It states that a vehicle The Kia was exposed to the elements, the penetration of liquids, dirt and dust, as was the module unit itself (EDR). (emphasis in original).
After the module is released, the "ear" is found with a tin deformation.
The protective cover of the module cannot be removed without applying force using a tool.
Switching to Connection The module to the GIT system The resistance values of the module between the voltage "leg" (12 volts) to the ground leg and the data "leg" were checked, it was found that the resistance voltages were not stable and constant and therefore the test was stopped. (Emphasis in original).
I determine that the module was damaged, whether as a result of accidental damage and/or spare parts and/or exposure to weather hazards, it is possible to connect to the module, the module is damaged. (emphasis in original).