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MR KENNEDY: Mm.

THE RECORDER: If you’d like to hand it to the clerk, maybe she’d be good
enough to copy it for us and bring it through to us. We’ll rise until you’ve sorted it
out.

MR POTTINGER: Yes.

MR KENNEDY: I’ve got spare copies so .......

THE RECORDER: Oh thank you. That’s even better. Good. Thank you very much.
Let us know as soon as you’re ready.

MR POTTINGER: Yes.

(There followed a short adjournment)

THE RECORDER: How are you doing, Mr Pottinger?
MR POTTINGER: Your Honour, I think gut-feeling is the right feeling so -- we
didn’t find a case directly on point but I think just looking at it very carefully and
standing back, because the use has to be proved then it’s the ......

THE RECORDER: Yes.

MR POTTINGER: And that’s the fairest way of dealing with it in any event.

THE RECORDER: So the issue as far as the Crown is concerned is whether or not
he was working at the time? Is that it?

MR POTTINGER: Yes.

THE RECORDER: Because -----

MR POTTINGER: Or whether he was -- well, whether he was using the vehicle for
work purposes.

THE RECORDER: Yes. What concerns me is — is whether or not we in any event

have enough information. Because this is merely the certificate of motor insurance.
There should be a schedule of motor insurance. Is that available? The actual policy.
Because it is the experience of those on the Bench that on occasions it is very

difficult to ascertain the point that’s being made here and that the policy itself may
have a different specification to that set out on the certificate. In other

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