Page 641 - Driving Ban Simulation 1

Do you have that information? There’s a nodding going on from behind
you.

MR KENNEDY: The information I have comes from the appellant himself regarding his
version of the facts which is that — his contention is that he was driving to
go and see somebody about

THE RECORDER: Yes.
MR KENNEDY: the possibility of future work.
THE RECORDER: Right. I appreciate that.
MR KENNEDY: And -- he spoke to his insurers
THE RECORDER: Yes.
MR KENNEDY: and asked whether he would be covered if that were the position
THE RECORDER: Right.
MR KENNEDY: to which the answer was Yes.
THE RECORDER: All right.
MR KENNEDY: I — I don’t believe he can contend that if he were using it as a tradesman
for working - which is the Crown’s position - that he would have been
covered.
THE RECORDER: Right. So, he doesn’t contend that. But you’re saying that in fact he has
evidence of or he has hearsay evidence of -1 don’t know which it is at the
moment - the fact that KGM say he would have been covered for what he
was doing at the time?
MR KENNEDY: He does. And I don’t -- and I don’t think the Crown take issue with that.
THE RECORDER: All right.
MR KENNEDY: Having discussed the matter briefly with the Crown, it really is a question
(Inaudible).
6
223,
THE RECORDER: Of what he was doing at the time. All right.
MR KENNEDY: Yes.
THE RECORDER: I’m jumping the gun. Thank you.
MR POTTINGER: Well, I
THE RECORDER: Over to you, Mr Pottinger.
MR POTTINGER: I don’t - the -1 don’t - I
THE RECORDER: If you call your evidence to show us that he was not covered and then
we’ll take it from there.
MR POTTINGER: Well, we — we — we simply show what he was doing at the time and
what he said to the officer.
THE RECORDER: Yes. And so, if you want to adduce your evidence that says that he was
driving not in accordance with this policy, then we can get on with it, can’t
we?
MR POTTINGER: Yes. I don’t know whether I’m being told I’ve been ~ I’ve made a
concession which I haven’t necessarily made.
THE RECORDER: All right.
MR POTTINGER: That — that’s the point.