309. Joanne Woad first made a statement on 16 September. In that statement she said that she thought the time was about 2 a.m. On 3 October, she made a further statement in which she explained why she had said about 2 a.m. She said:
"In my original statement I stated that this call was at 2 a.m. To be more precise I can add that when I awoke I remember looking at my digital radio/alarm clock at the foot of my bed and reading the hour figure as "2". I do not remember noting the minute reading and therefore the time could have been anywhere between 2 a.m. and 2.59 a.m."
310. In evidence Miss Woad gave precisely the same account and she would not accept in cross-examination that she was wrong.
311. The last of the flatmates, Susan Battersby, made a statement on 10 September. In that statement she said that she had been woken by the telephone and had looked at her radio clock and noticed that it was 3.15 a.m. She went on to point out that the time might not be accurate because she kept her clock 10 minutes fast. On 19 December, she made a further statement. In that statement she again referred to the telephone call being at 3.15 a.m. but later in the statement she said:
"I can say that sometime during the evening of Thursday 8 August 1985, I telephoned Julie at Jeremy's house in Goldhanger. I spoke to Julie in relation to the time of the telephone call from Jeremy to our flat during the early hours of Wednesday 7 August 1985. I told Julie that Jeremy had phoned her at 3.12 a.m. I can now remember that when I looked at my clock radio display, the time showed 3.12 a.m. Previously I had said the phone call was at 3.15 a.m. I am positive the time was 3.12 a.m. I was aware that Julie wanted to know the time of this phone call as she had phoned the flat trying to contact me that day when she spoke to Helen Eaton."
312. In her evidence to the jury Susan Battersby was adamant that the time shown by her clock was 3.12 a.m. and that she had kept her clock approximately 10 minutes fast. The prosecution supported her evidence about keeping the clock fast by calling evidence from her boyfriend and also by evidence from a police officer who had been to check the timing on her clock at a later date without forewarning her. In cross-examination the fact that she had originally said that the time was 3.15 a.m. was put to her. She explained that she had been quite nervous when she made her first statement and had not then appreciated the importance of giving the time exactly. Later she had thought about it and she could picture in her mind the time as being 3.12 a.m. and she remained certain that that was the time shown on the clock.
313. If the jury were to disbelieve the appellant's evidence as to the timing of the telephone call, it could only have been because they were sure about the evidence of one or other of Joanne Woad and Susan Battersby. They could have accepted both to be right because if Joanne Woad was right the time could have been 2.59 a.m. and no precise check had been made as to the accuracy of her clock. If Susan Battersby was right, it was at approximately 3.02 a.m. and whilst it was known that she kept her clock approximately 10 minutes fast there was some room for some slight variation.
