"The alternative is not to accept at the moment Eric Davies evidence. The three eldest children may have gone down etc". Dealing with "The alternative is not to accept Eric Davies' evidence" You cannot divorce those words from that paragraph they introduce the paragraph and the rest of the paragraph explains the meaning of it.
Mr.Lim: That is the way this summing up was typed. Whether it was arranged in this order or not we do not know.
Mr. Frater:
page 12 bottom of page of Judge's notes. (Point that the children did not go into the nullah that day discussed).
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The learned trial judge has put the evidence more favourably than my friend would put it. My friend would say Yes, Eric Davies did not go to the nullah, he left the children on the bridge he went this short way and by the time he came back these three children had slipped into the nullah. That is to say they had climbed those difficult steps and one by one fell into the nullah. Mr.Lim: The evidence is this. There is no evidence as to the length of time between the departure of Eric Davies from the rest of the children and the time his attention was attracted. He left them and by the time he was nearly home, where the home is we are not clear, and our theory is that during this time these three children might have gone into the nullah and therefore to
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