Page 643 - Driving Ban Simulation 1

MR POTTINGER: Well, let’s just carry on.
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225,
THE RECORDER: Yes. Fine.
MR KENNEDY: Well, sorry. Can I establish whether the Crown -- it’s set out in one-line
following caution - “You don’t know nothing. I was trying to get a job
here. You don’t understand, man.” That in a nutshell is his position.
THE RECORDER: Thank you.
MR KENNEDY: That he was going to see somebody
THE RECORDER: Right.
MR KENNEDY: — about obtaining future work. My
THE RECORDER: I’ve got it. Mr Pottinger, is that accepted? So that in other words what --
we’re asking the Crown is do you accept that if in fact he was only going
to look for work, as he asserts, that he was covered?
MR POTTINGER: (After a long pause) I just (Inaudible). Not necessarily. I’m just thinking
whether -- that — because obviously it’s social, domestic, pleasure and
motor trade purposes. If -- a man is driving round in rounds touting for
work with a van and cards for work
THE RECORDER: Well, this is what concerned me.
MR POTTINGER: And there are cards in the van. I am concerned. I’m not sure that
necessarily is
THE RECORDER: I have my cards in the car. It doesn’t mean I’m driving round touting for
work.
MR KENNEDY: Can I -- can I expand then. Not touting around looking for tradesman work
or — or the like but was going to see somebody at a building that was
going to be turned into a club, looking for a management role in the club.
THE RECORDER: Yes.
MR KENNEDY: That’s what we would say clearly. So, it’s not — it’s not driving around
looking for handiwork. The Crown’s evidence seems — they’re — they’re
obviously not constrained by what’s simply in the one witness statement,
but it does seem geared very much towards saying that he is a tradesman
going about his daily work.
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226,
THE RECORDER: Does the Crown know what its case is?
MR POTTINGER: Well
THE RECORDER: I — I — I — I’m really concerned about this because I’m concerned just
taking it off one piece of paper, the certificate.
MR POTTINGER: Yes.
THE RECORDER: There is a policy in existence. There must be.
MR POTTINGER: Yes.
THE RECORDER: And the policy should set out the details of this certificate.
Q And the Crown should be able to look at that policy and say Yes or No
to the proposition that’s being put forward or “We will make enquiries”.
Let’s say, for the sake of example, Mr Cordell had run into the back of a
police car and dented it and the insurance company had said “You weren’t
covered because of what you were or weren’t doing” then we know where