A tractor driver, Yasser Sayed, 36, was sentenced to a year and a half in prison for running over motorcyclist Ben Mor to death two years ago after he swerved with his truck and hit Mor. Judge Shani Stern even revoked his driver's license for ten years and ordered him to compensate the Mor family in NIS 20,<>.
According to the indictment in which Sayed was convicted, he drove a tractor at the corner of Ofakim Street and KKL-JNF Boulevard in Tel Aviv. He was seen beginning to veer into the lane of public transport to his right abruptly and without looking in the mirrors.
This, while driving a heavy vehicle. On the public transportation route to which he wished to cross, two motorcycles were riding at the time, the late Moore and another motorcyclist, both of which the defendant did not see, although road conditions allowed him and hit and killed Moore.
Ben Mor's mother, Sarah, described the young age at which he was killed, the great lack that remained, and the devastation of not being able to accompany him down the aisle and see grandchildren from him. She described her family and the darkness of the loss on her life. She demanded a 12-year prison sentence that would exceed the punishment threshold, and in tears, she said: "My son is underground while the defendant gets up every morning for work. I beg and appeal to the judge's heart: sentence him to a severe and deterrent punishment, a punishment according to my mother's pain, not according to the law." His brothers, Shimon and Michel, added to the family and personal difficulties following the loss.
Motorcycle accident, illustration, photo: Coco
Judge Stern noted in her sentencing that this was not a deviation into an opposite lane, after which the driver wishes to return to his lane. "The act of changing lanes is carried out consciously, after the thinking of a driver. This is not a momentary inattention, but a careless act. The driver of a heavy vehicle has an increased duty of care. I do not accept the defense's position that lane deviation is low negligence. Certainly not a place where the deviation was an attempt to cross paths. As stated, the defendant's negligence led to a tragic result. The deceased, the late Ben Mor, was a son and brother," wrote Judge Stern in sentencing, adding: "The defendant denied the indictment and was convicted after hearing evidence.
"Hearing the evidence, the deceased's family was forced to watch the video of the accident over and over again and hear the details of their loved one's final moments. A defendant has the right to conduct his defense, however, he shall not be entitled to a reduction of his sentence as he chooses to confess."
In the end, Judge Stern sentenced Syed to 18 months in prison and wrote in her sentencing: "A fatal accident, usually, changes the lives of both families - the family of the deceased and the family of the accused. Halacha states that the considerations of punishment in cases of negligent homicide are retribution and deterrence of the many (as opposed to deterrence of the individual) over the personal circumstances of the defendant and the effect of the punishment on his life. The court must prioritize the public interest, since the fatal outcome is not changeable."
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