Caselaw

Causing Death by Negligent Driving (Eshed) 96-05-24 Southern District Attorney’s Office – Criminal v. Shai Yosef Haddad - part 68

October 19, 2026
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In his cross-examination, the witness argued, because if he had pumped power to the Kia car's airbag computer, in light of the behavior values he found to be inappropriate and high, he would most likely have caused damage to the unit itself and would have caused damage to his equipment.

Discussion and Decision

The court when it comes to determining the reliability of witnesses, gives his opinion to the behavior of the witnesses, the circumstances of the case, and the signs of truth that are revealed during the trial.
The court examines the testimonies in accordance with its direct impression of the witnesses during the giving of the testimony, as well as by comparing the testimonies with other evidence and the totality of the data presented to it.
It should be noted, as stated above, the defense did not dispute the defendant's actual driving at the place and time stated in the indictment, did not dispute the defendant's involvement in the accident, and did not dispute the consequences of the serious accident.
According to the defense, the defendant is not responsible for the accident and the manner in which the accident occurred is different from that described by the accuser in the indictment.

In the case at hand, the prosecution relied mainly on the testimony of traffic examiner Maayan Tsabari and eyewitness Ayalon Zadok, this combined with the findings found on the road in the lane involved at the scene of the accident.

It will already be said, that the testimony of the Traffic Examiner Maayan Tsabari and the Evidence Witness Ayalon Zadok regarding the location of the accident made a reliable impression on me, and was not contradicted in anything either in their cross-examination, nor in the testimony of the defendant in his main cross-examination, in his cross-examination, and in any external evidence on behalf of the defense.

Testimony of Examiner Maayan Tsabari There was reliable, orderly and coherent testimony.  In his testimony, the examiner reiterated the main points of what was stated in the documents he prepared and which were submitted during his testimony in court.

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