To Beyham's question"Q, as an examiner, not as a CDR expert, whether the CDR data to the best of his knowledge has an effect on determining fault in the accident, the witness replied in the affirmative. (See his testimony of February 6,2025, p. 77, paras. 18-20).
Examiner Sabari was askedAs the person in charge of the investigation in the case, why no other cable was ordered, testified:
"I don't remember if this question was recorded in the minutes, but the court asked me about the speedometer in a video of the defendant's car, when I start the investigation file, I check all the directions of the investigation that are in front of me. I, as the examiner handling the case, wanted to extract from the CDR a specific figure of speed and see if the speed before the accident matched what was recorded on the speedometer, or close to it, I refer the court to the examiner's report, sections 11 to section 14, where I explained why I needed the CDR, I wanted to check whether there was a possibility that the defendant's Mazda car was "thrown" out of the turn due to the high speed and finally we waited several months for that cable and after the cable ordered according to the manufacturer's instructions, did not arrive, so I remember that in a conversation with the State Attorney's Office it was decided to continue handling the case and to ask the question of why the cable was not suitable and if it could have been a suitable cable, we should ask Tal Bracha." (See his testimony of February 6,2025, p. 78, paras. 18-27).
The examiner was repeatedly asked why he did not document which cable was ordered and whether it was the appropriate cable as the person in charge of the investigation, and he replied, that in the memorandum submitted (P/3) the number of the cable ordered is listed.
When the examiner was asked again, why did he not document what cable was required according to the manufacturer's instructions? Did it arrive? And if it was compliant, and if not, why was it not compliant? And he testified:
"I documented the delay in ordering that Tal Bracha told me that the cable had arrived and he took it and they tried to unload the computer but they didn't succeed, he filled out a memorandum about it and said that the computer could not be unloaded and whether it was the cable or not, I don't know. As I said, I am not a CDR expert." (See his testimony of February 6,2025, p. 79, paras. 11-13).