At this point in his summation, Tommy Sheridan turned to what he called the "single most important piece of evidence in the case, the video, or should I say, the audio." Mr Sheridan reminded the jury that the Crown had played them the tapes "several times" at least, as he put it, "the thirty eight minutes not the missing 18 minutes." Mr Sheridan asked the jury to consider that this was the "fulcrum of the Crown case" and suggested that without it "there might not even be a case."
Mr Sheridan then suggested one question about the tape was when it was made? George McNeilage had stated 2004, while witness William Moore had initially testified that it was made in 2006 before being, as Mr Sheridan put it, "reminded " during his testimony about a previous police statement. Mr Sheridan then stated "I say prove the unknown, where is the forensic report? Where are the expert witnesses?"
Mr Sheridan suggested to the jury that they were being "invited by the Crown" to agree that it was his voice on the video. Mr Sheridan then asked the jury to consider that they were being asked to decide if it was his voice or not on the tape and "to decide that enormity, to hazard a guess, when none of you are voice experts." Mr Sheridan further suggested to the jury that the "Crown has let you down" asking "where was the voice expert? Where was the expert report?."
Mr Sheridan then reminded the jury that he had called nine witnesses that the voice on the tape was not his and the Crown had called four. Mr Sheridan suggested to the ladies and gentlemen of the jury that they were not to weigh up numbers, "not in a criminal trial" Mr Sheridan reminded the jury that he had suggested the voice was that if a mimic and that it was "generally known" that he was "regularly mimicked" Mr Sheridan told the jury that one person who impersonated him was Des McLean whom he had hoped to call as a witness, but his testimony was not allowed in this case."
Mr Sheridan reminded the jury that they had heard mention of the News of the World setting out to get the tape "verified." but that there was "none" presented in this case. He also asked the jury to consider that it was "funny" that the tape did not show him and the jury might consider that if you were to "set someone up you might get their face in it." Mr Sheridan then suggested that there was "not sufficient evidence" that the tape was genuine.
Mr Sheridan then reminded the jury that they had heard evidence from George McNeilage, and he had said of the voice on the tape "it's him, it's definitely him." Mr Sheridan then asked the jury to recall that the Advocate Depute had invited them yesterday to consider "the demeanor of witnesses." Mr Sheridan then "invited the jury to consider the demeanor of George McNeilage"
when he had appeared before them, stating that Mr McNeilage had "shown contempt for this court" and that "George McNeilage would say anything for two hundred thousand pounds." which Mr Sheridan described as "ten times the salary of an average worker." Mr Sheridan noted that the contract between Mr McNeilage and the News of the World stipulated that Mr McNeilage must agree to testify in court in any proceedings arising from the publication of the tape's publication. Mr Sheridan them stated that Mr McNeillage's testimony had been "bought testimony." The court then rose for a brief adjournment.