Page 658 - Driving Ban Simulation 1
P. 658

Q                          Thank you. You rang the insurers having been given the certificate of
                                    motor insurance? Is that right?
         A                          Yes, that’s correct.
         Q                          Where did you get the phone number from?
         A                          (No audible reply)
         Q                          I can’t see it on this certificate. Perhaps it’s just my eyesight but
         A                          I don’t recall where I got the number from.
        27
        243,
         Q                          Right. I think somebody knows but we can deal with that later on. You
                                    don’t recall anyway?

         A                          No.
         Q                          Thank you. Anything else? No. Thank you, officer. That’s all. I would like
                                    you to remain at court, please, and I would like you to produce all the
                                    notes that you’ve relied upon this morning and hand them to Mr Pottinger.
                                    Thank you.
         A                          Yes, your Honour. Thank you.
         Q                          You may leave the courtroom but don’t leave the building, please.
         A                          Yes, your Honour.
                                    Thank you.
         (The witness withdrew)

         THE RECORDER:              Anything else, Mr Pottinger, you wish to call?
         MR POTTINGER:              No.
         THE RECORDER:              Any other evidence?
         MR POTTINGER:              No.
         THE RECORDER:              That’s it, is it?
         MR KENNEDY:                There’s five minutes before lunch. I’ve got a submission. It’s a ^ very
                                    short one. I can fit it in the five minutes.
         THE RECORDER:              Yes. Thank you. Fire away.
         MR KENNEDY:                Well, the burden is on the Crown to establish beyond reasonable doubt
                                    that Mr Cordell was working that day. They’ve only called one witness. I
                                    p suggest to you that he was a problematic witness and that in terms of the
                                    factors that he records that would suggest that he was working, they don’t
                                    reach the threshold of beyond reasonable doubt. You’ve got that it was a
                                    work day during working hours but that doesn’t really take the case
                                    anywhere. We’ve got a suggestion of paint on clothing. Well, you’ve
                                    heard that it’s been challenged. It’s a matter for you how much credibility
                                    you give that witness, but it doesn’t take the G case to the threshold, I
                                    suggest. The same for cards. And there is - there’s an absence — aside
                                    from that there’s an absence of — of the sort of thing that you might
                                    expect to be produced to prove somebody was working. Your Honour just
                                    raised a couple, but the list is long, isn’t it?
                                    There are ladders, paint pots, tools, any paraphernalia. Not even a search
                                    of the van and no enquiries, it appears, made with — at the scene of the
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