In his cross-examination, he was asked whether he retracted the three deviations he made about the defendant in his testimony to the police, since he did not testify about them in courtHe replied:
"I testified only about the deviation of the defendant's vehicle that came in front of me, to the left into our lane, this is the only deviation I testified to." (See his testimony of January 8,2025, p. 25, paras. 20-21).
To the question of where a car drove The Kia and whether it was in a deviation or not at the time of the accident, Ayalon replied:
"Before the collision he was in front of me in my lane and at the time of the accident from what I saw and remember, the Kia tried to swerve a little to the left but didn't have enough time.
Q. You say in your testimony on page 2, line 13, in which lane did the accident occur, "In our lane, right when the Kaya was a little bit in the opposite lane...", is that correct?
A. True, the accident was in my lane and the Kia tried to swerve a little to the left. (See his testimony of January 8,2025, p. 26, paras. 1-5).
Later his testimony in cross-examination when he was presented to the witness, that the manner in which the accident occurred, according to his testimony, did not correspond to the actual accident in terms of damage to the vehicles, he repeated his version:
"A. I can tell you that I saw a car swerving into my lane
Q. But I'm telling you that you're wrong because you didn't see a front-to-side hit, but a front-to-front. Consider, maybe you were wrong?
A. Nope. I saw a car enter my lane
Q. Where does it fit in?
A. According to what it seemed to me, it was an injury on the right side, I say what I saw
Q. The whole idea of cross-examination is to verify you with other evidence about what you saw
A. I can tell you that I saw for sure a vehicle coming into my lane, as if it were
Coming to turn left." (See his testimony of January 8,2025, p. 28, paras. 6-14).
The witness was asked again about the fact that there is a man standing here who is fighting for his life and whether it is possible that he made a mistakeHe replied:
"A. I'll come back and tell you exactly what I saw with my eyes.
Q. I believe you are what you think you have seen, but you may be wrong, I ask if there is such a possibility?
A. Regarding this question I have already answered, I certainly did not make a mistake about turning and entering my lane, probably only about the point of collision, I was probably wrong according to the data you show me.
Q. So it could be that what you saw was a front-facing accident in which the vehicle involved is slightly swerving to the left to the opposite lane as you testified?
A. No, I saw him turn into my lane." (See his testimony of 8 January 2025, p. 29, paras. 6-15).
He also testified:
"A. The visibility was very clear and I saw the vehicle (the defendant's car - A.H.B.) entered my lane." (See his testimony of 8 January 2025, p. 30, para. 6).