Thus, the defense's version, according to which there is no field of vision at the scene, and certainly no field of vision for the eyewitness Ayalon Zadok, is inconsistent with the evidence and testimonies and lacks any evidentiary support from the defense, and therefore it is rejected.
As mentioned above, the defense also did not bring any expert opinion on its behalf to contradict Examiner Maayan's determination that the eyewitness has a field of view to see the accident.
Who swerved from his lane of travel - the defendant or the driver involved?
One of the most controversial and perhaps the most important questionsis the question of who swerved from his lane to the opposite lane, when this deviation was the deviation that led to the accident.
Examiner Maayan Sabari stated in the examiner's report in paragraph 11 of the report - The conclusions section, as follows:
"Conclusion: In light of the above, I determine that the driver of Vehicle A drove recklessly and recklessly, and the accident was caused by the driver of Vehicle A deviating from his lane to the opposite lane."
The driver of the vehicle involved - Achinoam was asked which lane and at what speed she droveShe testified:
"A. The accident happened in my lane and I drove slowly for sure, I never drove again
From the speed limit." (See her testimony of 8 January 2025, pp. 6, paras. 29-30).
The witness is with me, the husband of a female driver of a mixed vehicle, testified that the accident occurred in their lane. When asked if he was sitting in the car in the back, how he could testify that Achinoam returned to her lane, he testified:
"I remember that there was a vehicle in front of us, Achinoam overtook it and we returned to the lane." (See his testimony of 8 January 2025, p. 14, para. 17).
When asked again after the video was shown how he testified that he saw their vehicle return to the lane but did not see the light at the time of the accident, testified:
"I remember that we went back. (The court's note: making a movement with the hand of returning to the lane) And then I woke up after the accident. I remember that we drove, Noa overtook and we went back to the lane, and the next stage I remember was that I woke up in the car after the accident.
...
Q. Could it be that the return to the lane happened during the accident?
A. No." (See his testimony of January 8,2025, pp. 15-16, paras. 33-34,1-5).
Eyewitness Ayalon Zadok, who traveled in and after the mixed driving lane, testified in his initial interrogation, when asked to tell about the incident, as follows:
"I was driving the car, we left my sister's house from Bnei Dekalim, my father was sitting in the front, my mother and my grandmother were in the back, we left after sunset it was already dark, about 60-70 km/h, a minute before the accident happened I was overtaken by a white Kia car, after the minute I was driving behind the car that overtook me, I actually recognized from the opposite lane in front of me a car that cuts to the left by 90 degrees directly into its lane, so it was in 90 degrees into the lane and just less than a second later, the Kia car that tried to swerve a little to the left, went into the left.
The vehicle coming in front of took to the air, overturned, made a turn and at a certain point one of the vehicles turned left one day and literally a lane was created for me and I was able to pass between them and continue, we stopped on the side of the road on the curb, I was sure it was a uniform hostile faux event, because it seemed very intentional and in fact they called MDA to report the incident.
Q. Describe the moment of the collision itself?
A. There was not too much time for the Kia car to react, it tried to turn a little to the left to run away from it and immediately collided with the car that entered its lane." (See his testimony of 8 January 2025, pp. 24-25, paras. 26-33,1-2).
To the question of which lane the collision took placeAyalon Zadok testified:
"The collision itself was in our lane right in front of me, about 30 meters in front of me." (See his testimony of 8 January 2025, p. 25, paras. 4-5).
Ayalon described the conditions of the road and testified:
"It was completely dark, but there was good visibility and in terms of seeing the lane itself and the separation line, the vehicle coming in front of me, it didn't rain." (See his testimony of 8 January 2025, p. 25, paras. 9-10).
It should be noted, that these statements of the eyewitness are consistent with the defendant's version in his first police interrogation, as stated above, that the road is visible.