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position is as far as that’s concerned. That’s -- a matter
for the defence to prove and at the moment they
MR Well, I’m getting slightly lost here and it’s probably
KENNEDY: my fault. My understanding of this case is this, that he
has an insurance policy for that vehicle. It wouldn’t
cover him if he were working. The Crown say that he
was working.
They’re — they’re about to call evidence to say so. His
-- he says he wasn’t. He says that he was going to see
somebody about future work and I don’t — as I
understand it, I don’t think the Crown suggest that if
his position is correct or cannot be disproven that they
— that his insurance was invalid.
THE That’s -- the point.
RECORDER:
MR Yes.
POTTINGER:
THE Are the — are the Crown taking that stance or not? Or
RECORDER: are you saying, irrespective of what he says about it on
that date now, and the Crown have the advantage of
hearing what he said about it, presumably, at the court
below, if your position is “We say, irrespective of what
he said, he wasn’t insured” then we need to sort that
out. If you say — if you accept his version of events,
“We accept he was insured” then we can bat on. Or we
can bat on anyway.
MR Yes.
POTTINGER:
THE But the point about it is all I’m trying to do is pre-
RECORDER: empty
MR Yes.
POTTINGER:
THE a situation where we suddenly have to start making
RECORDER: enquiries from an insurance company. But all we’re
doing in fact is chewing the breeze and wasting time.
MR POTTINGER:
THE Yes.
RECORDER:
MR So, let’s get on with it.
POTTINGER:
MR Well, let’s just carry on.
POTTINGER:
8
225,
THE Yes. Fine.
RECORDER:
MR Well, sorry. Can I establish whether the Crown -- it’s
KENNEDY: set out in one-line following caution - “You don’t