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What you do have — the height of the Crown’s case would be the admission
that the — by Mr Cordell that he said at the start “I’m just going to work”. That’s the
height of the Crown’s case. In my submission, you cannot rely on that being an
accurate and truthful note of the conversation that he -- because of the credibility
issues concerning the one witness who gives that evidence.

So taking a step back, can the Crown prove beyond reasonable doubt on the
evidence we’ve heard already that — I know that’s not the test at this stage but
applying the correct test at this stage, the half-time test, could a reasonable -- could a
reasonable tribunal properly directed convict on the evidence that they’ve heard?

THE RECORDER: It’s Galbraith (Inaudible), isn’t it?

MR KENNEDY: Yes. I would suggest the answer is No.

THE RECORDER: Thank you. MrPottinger?
MR POTTINGER: The evidence is that the defendant was there with Dean Reid,
according to the officer in clothing consistent with work in a vehicle in a condition
although without tools consistent with being used for work, with a number of business
cards containing the names Dean and Simon, the two persons in that van, advertising
a business in provision of general repairs, painting decorating, man and van removals,
cleaning, property maintenance services. So the Crown say that there’s an obvious
inference there. Simon and Dean were in a van together, there’s a card saying Simon
and Dean, general jobs - nothing to do with the motor trade because that would be
covered by the use - in a van, consistent with it being used for odd jobs, in clothing
consistent with being used with odd jobs and — and an admission at the start.

THE RECORDER: What do you say about the burden of proof in relation to this
offence not for the half-time submission but for the end of the day?

MRPOTTINGER: (Inaudible).

THE RECORDER: On the Crown to prove beyond reasonable doubt that there was
no policy in force?

MR POTTINGER: Well, no. No, it’s not. It’s for the defendant to prove on the
balance of probabilities there was no policy in force for the use of that vehicle.

THE RECORDER: Sorry, for the defendant to prove .....

MR POTTINGER: It’s for the defendant — sorry, for the defendant to prove on

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