Caselaw

Causing Death by Negligent Driving (Eshed) 96-05-24 Southern District Attorney’s Office – Criminal v. Shai Yosef Haddad - part 6

October 19, 2026
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She testified, because she had read her interrogation before her testimony.
The witness was asked whether when she read her testimony, she has new things that she did not give in testimony,
She replied no..  In light of this, she was asked that in her testimony she said that she was driving at a low speed and that she overtook
A car that, according to his testimony, drove at a speed of at least 70 kilometers"Q, she testified:
"A.  I don't know how to really say distance, but that was long before the accident.
Q.  I am also telling you that you did not explicitly say in your testimony that you traveled on your path.
A.  I have an answer to that.  After the surgery I couldn't come up with a choice of words, I testified in the words I had at the time.
Q.  I read your testimony and I see that it is very understandable, fast (Z.L.-N.H.B.), clearly, with a fairly wide and high vocabulary, it must be said, there are places where you say what you don't remember and there are places where you say you remember for sure.  For example, you didn't remember to say if there was rain before the accident, but you do remember to say that you overtook the car beforehand.
A.  I saw water on the leaves, that's what I remember now in my head, so it could have been, so I didn't remember.
Q.  In your testimony before the policeman you didn't say anywhere that you drove in your lane, what do you have to say?
A.  I don't remember.
Q.  Do you remember if you drove in the lane all the way or if you occasionally swerved to the right or left until the accident?
A.  After the court explains to me, I say that I always drive in the lane safely.
Q.  I'm talking about the day of the event, did you have a left or right deviation from your lane, because there's an indication of that, I'm just asking you if you remember and not what you always do?
A.  If you ask about the specific accident, I have a memory impairment and I don't remember, but even though you claim that you only ask about the incident itself, I always drove carefully.
Q.  I refer you to your testimony to the policeman that you say on page 1, paras.  5-7, that you said that you were afraid that someone would get into you because of the weather, and then with me your ex-husband said something that amused your grandmother, and then her head flew back and she was with her hands down.  If you see your deceased grandmother's head flying backwards and she is sitting to your right, where is your head tilted at that moment?
A.  to the right.
Q.  And that's exactly when the accident happens?
A.  Nope.  I saw my grandmother during the accident.
The Court's Note
The Witness Demonstrates Head Movement.
A.  I wasn't looking at Grandma, I was on the road and then when the car got into my head
He was pushed aside and only then did I see Grandma." (See her testimony of 8 January 2025, pp.  7-8
23-33,1-14).
II"The defendant presented the driver involved with the video of the field of vision experiment conducted by examiner Maayan that simulates the situation in the accident, and she was asked about it because it is impossible that she did not see lights coming from a distance from the direction of the defendant's travel, when in the test video you see lights.
At first, Noa had difficulty answering the question due to her alleged brain injuryLater, when the question was again explained to her by the court, she testified:
"The witness replies, according to the video shown to me by a defense attorney, you can see the lights, regarding the accident she explains that before the curve began, I did see it, but in the accident itself I didn't see it.  I saw a huge light inside me." (See her testimony of January 8,2025, pp.  9, paras.  19-20).

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