Caselaw

Causing Death by Negligent Driving (Eshed) 96-05-24 Southern District Attorney’s Office – Criminal v. Shai Yosef Haddad - part 26

October 19, 2026
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The witness was asked, because the vehicle was towed almost a year ago and may have suffered damage from the tow truck or the conditions of the terrain
And that he may have been moved from the placeAnd he replied:
"Before I arrived at Tow, I looked at the photos edited by Maayan Tsabari, and found exactly what the damage was.
that they mean and I came to take a measurement.  The photos I took are for the purpose of demonstrating
The measurement, but they are not successful and it is a shame that I attached." (See his testimony of January 15,2025, p.
44, paras.  23-25).

When asked again why he did not photograph the car while it was in the air, he repliedbecause he did not do so and did not see fit to do so, nor was he asked to do so.  He was asked to measure not to photograph.  He further testified:
"...  With regard to your question whether it is true that you cannot trace the location of the damage today, I conclude from your very question that neither you nor an expert on your behalf sought to examine it, right?" (See his testimony of January 15,2025, p.  45, paras.  3-4).

The witness was asked whether in every experiment or scene he had to take picturesHe replied in the affirmative.
When asked again that he had taken two bad photos and that he had made a mistake in the measurement and that in this case he should have taken more photosHe replied:
"I repeat the same answer, I wasn't asked to photograph, I was asked to measure.  I have professional judgment, I could have taken pictures, I could have measured and I could have photographed and measured.  In this case I also tried to photograph, but it didn't turn out well.  Should I have photographed the whole vehicle on the forklift, I don't think it would have made any difference, I tried to photograph as closely as possible.
Q.  I didn't just summon you for interrogation, because I saw it the first second I got it in my file, I saw the problem between the two directions, not for nothing.  The fact that I received the material a week before is fine, but now in retrospect you see that there was a mistake and you still can't trace the measurement, there is a contradiction between the measurement and the memo you made.  Would you agree with me that if there were more pictures or if you were to get help from someone, it would have been easier to trace your measurement?
A.  I don't agree with you.  If we had photographed more from a distance, it would not have helped us understand today what I was wrong with and where I measured from left to right or from right to left." (See his testimony of January 15,2025, pp.  45-46, paras.  24-32,1-2).

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