Truck driver acquitted of negligent homicide: "Substantial investigative failures"
The Magistrate's Court acquitted truck driver Ashraf Youssef of the charge of negligent homicide of David Sela, who was killed on Highway 5. Judge Menachem Mizrahi ruled that it was not proven the truck veered onto the shoulder, and found substantial investigative failures, including failure to obtain footage from highway cameras, failure to perform an autopsy, and an improper field-of-vision test.
The Magistrate's Court acquitted truck driver Ashraf Youssef of the charge of negligent homicide of David Sela, who was killed in an accident on Highway 5. Judge Menachem Mizrahi ruled that it was not proven the truck veered onto the right shoulder, as the prosecution claimed, and found substantial investigative failures. Among the failures: investigators did not obtain footage from the Oranit checkpoint highway cameras, no autopsy was performed, and the field-of-vision test conducted did not replicate the accident conditions. A witness driving behind the truck testified that he did not see it swerve right, and the judge described his testimony as "credible, reliable, and objective." The court ruled that a reasonable possibility remained that the deceased moved backward into the truck's lane while changing a tire, in a time frame that did not allow the driver to react. The judge sharply criticized the investigative work, stating that "the investigative work conducted here cannot lead to conclusions, as required in criminal cases."
Truck driver acquitted of negligent homicide: "Substantial investigative failures"