Page 644 - Driving Ban Simulation 1

we are. What we don’t know at the moment is what the insurance
company say about what he was doing at the time on D his version of
events. And without knowing that, how can we know whether he was
covered or not just on the basis of a certificate of motor insurance which is
not the full policy which may say or may explain whether or not he is?
That -- that’s my real concern about this. I — I think this — this situation
is — is
MR KENNEDY: I can’t take an unfair advantage and I wouldn’t seek to. The Crown —
well, they had the advantage at the lower — at the lower court
THE RECORDER: Exactly, yes.
MR KENNEDY: of knowing what the position is. But it’s the Crown to -- it’s the Crown to
prove the -- that the -- well, (Inaudible), I suppose.
THE RECORDER: I — I am unhappy about proceeding without input, proper input, from
KGM. That’s the bottom line. You need it and you need it and it should
have been done.
MR KENNEDY: Well, I have the hearsay evidence. I’m not sure that I do
THE RECORDER: Yes.
need it for — for this reason. If it’s — the burden is on the
A Crown. Once you’ve got a prima facie valid insurance document, which
we have
10
227,
MR KENNEDY: A Thank you.

MR POTTINGER: It was -- (To Mr Kennedy) I can lead on the date and time? Is that right?

MR KENNEDY: Yes.
MR POTTINGER: Yes. It was 14th November. That’s a Thursday? Is that right?
A Yes, that’s correct.
Q 1300 hours? Is that right? And you were in Brixton Hill? Is that right?
A Yes, Brixton Hill.
Q And what were the nature of your duty, please?
A It was a traffic operation.
Q And what — were you monitoring the traffic flow and stopping various
vehicles for checks?
A Yes.
Q Is that right?
A Yes, there were officers up and down Brixton Hill and I believe there were
also a couple of officers who were sort of spotting vehicles further up the
road.
Q Right. And were you given a registration number to - to stop?
A Yes. Over the radio I received a message relating to a vehicle and that
vehicle — actually I expected my colleagues to pull it over further up the
road and for whatever reasons they didn’t.
Q But you stopped it further down?
Is that right?
A Yes. Well, Mr Cordell was pulling over anyway.