Page 150 - 5. 2015 New 26-05-21 No Table

Q You may leave the courtroom but don’t leave the
building, please.
A Yes, your Honour.
Thank you.
(The witness withdrew)

THE Anything else, Mr Pottinger, you wish to call?
RECORDER:
MR No.
POTTINGER:
THE Any other evidence?
RECORDER:
MR No.
POTTINGER:
THE That’s it, is it?
RECORDER:
MR There’s five minutes before lunch. I’ve got a
KENNEDY: submission. It’s a ^ very short one. I can fit it in the
five minutes.
THE Yes. Thank you. Fire away.
RECORDER:
MR Well, the burden is on the Crown to establish beyond
KENNEDY: 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 person he —
it’s — with anybody, no — no enquiries at the ® scene
to establish that he was working.
28
244,
MR It’s Galbraith (Inaudible), isn’t it?
KENNEDY:
Yes. I would suggest the answer is No.