Prosecution Witness No. 2 -Itay Roash Maimon
As part of his testimony in the main interrogation, a medical certificate was submitted from the hospital "Barzilai" - Submitted and marked P/4 (4 pages).
According to the medical certificate (P/4), he received a blood transfusion, he has a 2nd degree ruptured spleen, intestinal injury. He underwent surgery to remove part of a small and coarse intestine. He suffered bleeding in the abdominal cavity and a fracture in the palm of his right hand.
The witness is the ex-husband of the involved driver Achinoam, who was sitting in the back seat of the vehicle involved at the time of the accident.
He testified in his main interrogation that he was 25 years old, a student.
He was asked what happened in the accident and testified:
"Achinoam and her grandmother and I went to Mimouna in Mazkeret Batya and we had to drive Achinoam's grandmother to Rehovot. Achinoam was driving, her grandmother was sitting next to her, I was sitting in the back, I remember we were driving and the next thing I remember is that I woke up in the car, a car wasn't moving, I couldn't see, my glasses were probably flying, my phone wasn't next to me, I saw Achinoam's grandmother with her head tilted, Achinoam also doesn't really understand what is going on there and then I start to feel strong stomach pain that gets worse and then I start screaming, Achinoam didn't respond to me either, and then people took me out of the car, I was rushed in an ambulance to the hospital, then I went into surgery and found out that I had bled 2.5 liters in my stomach, part of my intestines were cut off and I received 34 units of blood. After the operation, I was confined to bed and could not move, I went through 9 days of fasting without eating or drinking, with a tube, and then I was discharged and underwent rehabilitation, and to this day I undergo physical and mental rehabilitation. The difficulty is expressed to this day with the stomach in certain actions, sensitivity to certain things, bowel movements, etc." (See his testimony of January 8,2025, pp. 12-13, paras. 8-30-32,1-8).
When asked in his main interrogation what happened before the accident, testified:
"I remember that we got out, at a certain point there was a car that was driving slowly, we overtook it and Noam returned to our lane safely, and the next thing I remember is that I wake up in the car." (See his testimony of January 8,2025, p. 13, paras. 25-26).
He testified, because he doesn't remember what the road conditions were, he doesn't remember the weather and he doesn't remember if there was anything unusual in the car.
In his cross-examination, when asked if he remembered saying something that made Achinoam's grandmother laugh before the accidentHe replied that he did not remember.
When asked if he knew the time that passed between overtaking the slow-moving vehicle, as he testified, and the accident, he replied in the negative.
When asked if he was sitting in the car in the back, how can he 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 how He could see if he was sitting in the back when Achinoam overtook and returned to the lane, he repeated his answer because that was what he remembered.
To the question of whether he knows where Achinoam's car landed after the accident, testified that he did not know.
To the question of whether he saw lights, he testified that he did not.
In the cross-examination, the witness was shown a video of the field of vision experiment conducted by the examiner and asked whether it was possible to see the lights of a vehicle coming from the direction of the defendant even to the passenger sitting in the back of the carHe testified that in the situation in the video you can see the lights as well as the vehicle approaching them.
When asked again after the video was shown that 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 don't remember. 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, Achinoam 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).