No sufficient basis has been put before the Court for your Honours to disqualify yourselves from hearing this witness's evidence. Your Honour made a decision - your Honours made a decision in the previous case when the witness testified. You will make a decision about the witness's testimony in this case when you hear his testimony in this case. You are professional judges of course and you're able to make professional decisions without any bias, in our submission.
One distinction that should be made is that on the previous occasion when this witness testified before your Honours, for a number of reasons he was never cross-examined, and your Honours did make a finding that he had not been challenged. In this case he is about to be cross-examined and that is a relevant distinction, in our view. And in any event your Honours will draw your own conclusions and apply yourselves as professional judges and there has been nothing shown of sufficient merit that would entitle the accused to have your Honours disqualify yourselves.