CHAIRPERSON
I do not think it is in dispute that that is the person that the applicant shot.  The question was that the other, the, if you look at the statement made by Mr Benting and the spot pointed out to him, it appeared he was pointing out some other incident, because he referred to, in his statement at page 399, paragraph five,
"I could also see about three metres from my vehicle, a Black man lying motionless on his stomach in the middle of the same intersection."
Well, he showed us at the inspection that he was parked 15 paces from the intersection.  If this was three metres away from him, it was a long way away, but if there is this other evidence where he actually looked at a photograph, that I think would be far more reliable than his recollections now of empty places on the road.