Caselaw

Causing Death by Negligent Driving (Eshed) 96-05-24 Southern District Attorney’s Office – Criminal v. Shai Yosef Haddad - part 4

October 19, 2026
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Prosecution Witness 1 -Achinoam Namir.
As part of her testimony, the following documents were submitted:
Achinoa's Certificate of Blindness - Submitted and marked P/1A, P/1B.
Scanned Hospital Medical Certificate, submitted and marked P/2 (15 pages).
Medical certificate from the Home Rehabilitation Center Levinstein, submitted and marked P/3 (9 pages).
According to the medical certificate of the driver involved - A/2 - She had been hospitalized since the accident, 12 April 2023, and was admitted to the intensive care unit under anesthesia and on a ventilator.  She received blood transfusions.  She suffered a brain injury due to trauma, damage to the lower extremities - fractures in the hips, fractures in the pelvis, fracture of the clavicle, injury to the upper extremities and injury to the oral cavity.
Underwent several surgeries to reconstruct and fix the fractures.  She underwent a pelvic ligation.
It went through several times the failure of my soul and passed through the reed.  I suffer from cognitive impairment, there are hallucinations in my vision.  I suffer from speech impairment.
She was hospitalized in the neurosurgery department and then transferred to rehabilitation at the Beit Medical Center Levinstein - P/3.  In terms of mobility for short distances, she moves around with crutches.  For long distances, she travels with a scooter (a motorized wheel tool).  She suffers from a head injury and orthopedic impairments.  She needs help with mobility and most spatial functions.  There is a cognitive decline that is reflected in childish behavior, visual impairment and difficulties in executive functions.  There is difficulty in memory.

In her main interrogation, she testified, because she was injured in the accident on April 12,2023.  According to her, before the accident she was a medical student.  She is now divorced.  At the time of the accident, she was married and as a result of the accident, her personal life did not work out.
She testifiedBecause on the day of the accident she was in the car with her ex-husband and her grandmother.  Her grandmother was sitting next to her.
She testified that:
"A.  Because of the accident I have a memory impairment, I need to be asked deliberate questions.
Q.  Tell us what happened and where did you go?
A.  I went to bring my grandmother home and go to say congratulations to friends who got engaged and a little after Moshav Amatzia on the tour.
The Court's Note:
The witness demonstrates the occurrence of the accident using two toy vehicles.  The witness demonstrates that the accident occurred right at the turn, in a curve to the left.
Q.  Describe to the court the conditions of the road?
A.  It was raining before me, at the time of the accident no, in the lap itself there was nothing that could hide me, I saw the two vehicles, me and the person involved, I remember where it was.
Q.  Was there anything unusual on the road or on the way?
A.  Nope.
Q.  What do you remember from the moment of the accident as far as you can tell?
A.  My car flew high because I remember that all kinds of leaves and branches of a tree came in.  I remember that it was connected to the engine of the car that was inside my leg, I had an open fracture of my leg.  I had the steering wheel in my face after the accident and my hand was also occupied in it and I had an open fracture and I saw a lot of blood, and unfortunately when the car got into me it put my head in and I saw my grandmother and I saw to my great regret what a human being looks like when he dies." (See her testimony of 8 January 2025, p.  4, paras.  13-23).

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