MR RILEY
Mr Chairperson, on that particular point, from the applicant's evidence there was no opportunity, according to his version, for him to identify the particular vehicle.  In fact his version was that he had practically been blinded by the lights.  He didn't in fact check or make sure what kind of motor vehicle it was and because of what he says, his comrades or the persons who were with him, made him aware of the fact that the vehicle was approaching.  He, as I said, acted instinctively it appears and fired the shots on the basis that the vehicle was part of the police or was the police who had arrived on the scene.