Caselaw

Causing Death by Negligent Driving (Eshed) 96-05-24 Southern District Attorney’s Office – Criminal v. Shai Yosef Haddad - part 53

October 19, 2026
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The defendant testified, because he was driving in his lane.  When asked where the vehicle involved in relation to him before the accident, he testified:
"I don't know...  in front of me..." (See his testimony of April 1,2025, p.  97, para.  17).

In his cross-examination, the defendant was asked about his version, that he did not deviate from the driving lane of the woman involved and that she swerved into his lane, he confirmed this and even claimed that the witness Ayalon Zadok claimed in his testimony that he saw that the woman involved was in a deviation.

The defendant confirmed, because his car was in his lane after the accident with his face facing against the direction of travel.

The defendant was confronted with this, because the examiner who collected the findings at the scene determined that the findings contradicted his claim that he was traveling in his own lane, and he testified in this regard:
"Q.  I'm telling you that the examiner who examined the scene collected findings and testified here in court as well, and the findings he found contradict your claim that you drove your lane, what do you have to say?
A.  I don't know how to answer
Q.  I'm telling you that if your claim was correct and if the accident had really occurred in your lane, we would have seen most of the dispersal of car debris in your lane.  In the video that was shown here in court, can you see that most of the dispersal of the debris is in the lane of the vehicle involved?
I show you a video in which you can hear examiner Maayan Sabari saying that in the video most of the dispersal of the fragments is in the lane of the vehicle involvedWhat do you have to say?
A.  I want to refer you to the witness who was here, he came to the scene first, he testified here before the examiner and he told the court that he was moving things and removing the waste from the road, that's what I know.
Q.  I'm telling you that the same witness Guy who testified here in court, he explicitly said that he moved a bumper, and he said about the word "I moved" that it was a mistake and apparently it was confused with the word "I saw."
...
A.  The witness testified in his testimony that he moved fragments/things, he specifically testified about a bumper.
Beyond that, the witness Ayalon Zadok testified that as soon as the opening between the two vehicles was opened, he drove between them, which contributed to moving the fragments.
Q.  To move so significantly that most of the fragments will move to the mixed path?
A.  I don't know how to answer that.  I only know that fragments were moved." (See his testimony of April 1,2025, pp.  98-100).

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