Page 152 - 5. 2015 New 26-05-21 No Table

MR Yes.
POTTINGER:
THE Thank you.
RECORDER:
MR That was the -- grey area which I was seeking just to
POTTINGER: think about briefly.
THE Well, I understand. But I just wanted to clarify
RECORDER:
MR Yes. No, you can — the -- it’s an absolute offence. I
POTTINGER: think the — and the burden of proof section is at 32-
179. The prosecution has to prove the vehicle — used
a vehicle on the road. Once that is established it’s for
the defendant to prove there was a valid policy in force
at the time. But the slight grey area here is the — it’s
the nature of the use that’s being contested.
THE Yes. Thank you. Anything else?
RECORDER:
MR No.
POTTINGER:
THE Thank you. Although it’s after one o’clock, we’re
RECORDER: going to rise and we’re going to come back within the
next five or ten minutes and deal with this submission.
I apologise to all those whose luncheon it will interfere
with but it may take less time in the end. Thank you
very much.
(There followed a short adjournment)

THE We’ve considered this case very carefully and we’re
RECORDER: very unhappy with it. In essence, we are going to take
a robust approach and we are going to dismiss this case
now thereby allowing the appeal. I don’t propose to
give any further grounds or reasons. We are not
satisfied that the Crown have shown sufficient cause
that this man wasn’t covered by this policy, if you’ll
forgive the double negatives, and in the circumstances,
we allow the appeal.
MR I’m very grateful. Costs follow the event.
KENNEDY:
THE Yes, they do.
RECORDER:
MR (Inaudible) for costs.
KENNEDY:
30
246,
THE Application for costs granted.
RECORDER:
MR Thank you.
KENNEDY: