Caselaw

Causing Death by Negligent Driving (Eshed) 96-05-24 Southern District Attorney’s Office – Criminal v. Shai Yosef Haddad - part 18

October 19, 2026
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The witness testified, because the defendant's vehicle went up and made a turn around itself.
The witness was presented with his testimony to the police and he was asked to show where he said there that the defendant's car had made a turn around itself.  The witness looked at his testimony and replied that it was not written, but he remembered that he had said it.
The witness was asked why before his testimony in courtHe did not say that the examiner did not write it down, he replied that he did not pay attention to this small detail.

The witness was asked again about the fact that there is a man standing here who is fighting for his life and whether it is possible that he made a mistakeHe testified:
"A.  I'll come back and tell you exactly what I saw with my eyes.
Q.  I believe you are what you think you have seen, but you may be wrong, I ask if there is such a possibility?
A.  Regarding this question I have already answered, I certainly did not make a mistake about turning and entering my lane, probably only about the point of collision, I was probably wrong according to the data you show me.
Q.  So it could be that what you saw was a front-facing accident in which the vehicle involved is slightly swerving to the left to the opposite lane as you testified?
A.  No, I saw him turn into my lane." (See his testimony of 8 January 2025, p.  29, paras.  6-15).

Forever the terrain was shown, and he confirmed that there is a curve on the road.
Forever was shown that the first poster He could see from the defendant's vehicle that the speed at which they were driving was 90 degrees and he confirmed.
The witness was asked:
Q.  Will you agree with me that this position doesn't mean that it's in a deviation and it looks like it's reaching 90 degrees, and don't forget that it's very dark and don't forget that the vehicle of the woman is in front of you and we're at a speed of at least 70 km/h according to everyone's testimonies? At 70 km/h I'm going almost 20 meters per second.
So you will agree with me that what you saw may have been an optical illusion because of the terrain and because of the visibility Because it was very dark?
A.  The visibility was very clear and I saw for sure the vehicle entering my lane." (See his testimony of 8 January 2025, p.  30, paras.  1-6).

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