Page 638 - Driving Ban Simulation 1

A
B POLICE CONSTABLE RORY GAIRIGAN, Affirmed
Examined by MR POTTINGER …Cross…: 11
Examined by MR KENNEDY …Re…: 16
C Examined by MR POTTINGER: 26
Submissions on behalf of the Appellant: 28
Submissions on behalf of the: 29
D Respondent …Ruling…: 30
1
217,
5th March 2015

THE CLERK OF Are you Simon Cordell?
THE COURT:

THE DEFENDANT: Yes, that’s correct.

THE CLERK: Thanks. Take a seat.

THE RECORDER: Mr Pottinger, yes?
MR POTTINGER: My learned friend Mr Kennedy is for the appellant. Your Honour, the ~ this
is a case of no insurance.
THE RECORDER: Mm.
MR POTTINGER: The defendant was stopped on Brixton Hill in a Ford Transit with a
colleague. There are some disputes as to facts but according to the officer
he appeared to be working at the time. There is in place a valid policy of
insurance for that vehicle, the vehicle covering social, domestic, pleasure
and motor trade purposes but not work.
THE RECORDER: Social, domestic...?
MR POTTINGER: Pleasure and motor trade purposes. I’ve been -1 was looking at Archbold
with my learned friend just to see as far as what issues — who the burden is
on. The prosecution has to prove that the defendant used a vehicle on a
road. Once that is established, it’s for the defendant to prove there was a
valid policy of insurance in force at the time. There’s no dispute the vehicle
was being used on a road, there’s no dispute there was a valid policy of
insurance in force at the time. The dispute here is the nature of the use at
the time and in the place. I just want to check before we start on whom that
burden falls.
THE RECORDER: Right.
MR POTTINGER: Archbold is silent on the point. I was just reconsidering matters. I don’t
know if — I really think it should be established before we start just by
looking at a court copy of Wilkinson although the difficulty being — or
sometimes Blackstone is clearer than others. But I think it’s something that
really needs to just be checked before we start because
THE RECORDER: I agree. Because if you can’t prove it
MR POTTINGER: Well, the Crown have — we have evidence that we say shows he was
working at the time.