"25- Despite a clear intention on the part of the DPP, in a letter to the Chief Constable of Essex Police dated 8th of May 1986 a copy of which is a appended, That the defence would have access " to all the evidence with the exception of the statement of Mary Mugford (13th January 1986 )", it was never revealed at trial that both Julie Mugford and Susan Battersby had been given immunity from prosecution, Julie Mugford in relation to a burglary at Osea Caravan Park and a cheque fraud and Susan Battersby in relation to the same cheque fraud.
26. Susan Battersby's handwritten statement of 10th September 1985, a copy of which is appended to this document, and which was withheld at trial, clearly sets out the fact that she has been offered Police Immunity in respect of the cheque fraud. In a letter from the DPP to DCI O'Connor of the City of London Police dated 21st June 1991, also appended, the immunity of Julie Mugford from prosecution and the intention to call her as a witness is also clearly stated.
27. The fact of immunity would have clearly been of paramount relevance to the defence attack upon both of these witnesses. The trial Judge, who it must be assumed was unaware of the fact of immunity used the fact that Julie Mugford had apparently volunteered her criminal conduct to bolster her credibility. At p 19 F H, of his summing up, he said this:
"In considering whether her past dishonesty affects your assessment of her as a witness in this case, no doubt you will bear one or two things in mind, namely that she volunteered her past offences to the bank, who had lost the money, when she went to them about a month after she had made her satement to the police in this case, and volunteered to them that if they looked back they would find frauds for which she was responsible. She told you that she went there voluntarily and repaid the money that she had obtained, and it seems, does it not that without her voluntarily revelation of her own part in those offences she would never have been caught for them."
This statement now appears to be utterly misleading. It is now clear that the police orchestrated her attendance at the bank and that DS Jones attended at the Midland bank New Cross with both Mugford and Battersby on 14th October ( see Jones note book at 64/13 ). From the edited versions of Jones note book, that appear elsewhere, it would appear that this note book entry was deliberately withheld at trial. "