Caselaw

Causing Death by Negligent Driving (Eshed) 96-05-24 Southern District Attorney’s Office – Criminal v. Shai Yosef Haddad - part 58

October 19, 2026
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The defendant testified to the police that at the time of the accident there was stormy weather and rain.  When he was told that this did not arise from the testimony of the eyewitnesses - Guy and Ayalon, he replied:
"A.  I'm not a meteorologist, but I know that there could be a section of road where it rained heavily and no one came from where I came, I was alone from the direction I came, everyone came from the opposite direction, and it could be that in the section I arrived there was heavy rain, and they came from somewhere else, there was only a drizzle.  In one of the videos and in the written protocol, a policeman who arrived even said that at the scene of the incident he couldn't operate the tablet because it was raining.
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A.  No one came from my direction of travel, and none of the witnesses who testified here in court about the weather, or the rain for that matter, can testify to what the rain was like from where I came, all the witnesses you are talking about came from a different direction than me.  If you want to bring someone who can tell you that in one section there can be a flood, and then he will submit that there was only a drizzle, you are welcome.
Q.  I'm only asking about the part of the accident?
The Court's Note:
The court explains to the defendant that the accuser does not ask about the stages of the trip before the accidentBut at the moment of the collision, the witnesses testify about the rain at the moment of the collision, and do not describe a torrential rain like you.
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A.  The court asks me to testify about the amount of rain at the moment of the collision, I don't think I know what happened at that given moment at the collision stage, I know that there was heavy rain throughout the entire time of the trip before the collision." (See his testimony of April 1,2025, pp.  111-112, paras.  29-33,1-19).

Defense Witness No. 2 - Mr. Effi Schwartz - As part of his testimony in the main interrogation, the expert's opinion was submitted, which answers to the title "Unloading Report, Computer, Airbags, Licensing 3336352 and Mobile Storage - Submitted and marked N/5.
During his main interrogation, he presented the court with his certification certificates.
When the witness was shown a video of the attempt to unload the data from the computer of the airbag from a mixed vehicle, he testified, because
You can see the wreckage of the car and that the car key is in the ignition switch, according to him:
"This means that when the ignition switch remains in the ON position, any further pushing, dismantling, cutting, or any change in momentum of a vehicle, the airbag computer will record it as an additional event from the moment the airbags are opened." (See his testimony of June 9,2025, p.  116, paras.  3-5).

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