The same officers, Taylor and Waters, conducted the interview. Their approach began in a slightly more conciliatory manner than before. Anderson prayed that it meant they weren’t going to charge him.
Once the caution had been given, the interview got underway with DI Taylor taking the lead. ‘Mr Anderson, our expert collision investigator, PC Henbury, has finished his report into the crash, as a result of which we need to ask you some more questions.’
‘Of course. I want to assist the investigation in any way I can.’
‘Thank you, Mr Anderson. Some good news. We’ve had the toxicology back. Clear for drink and drugs.’
‘That’s no surprise, officer,’ Dewi replied. ‘Mr Anderson told you he hadn’t been drinking and he doesn’t do drugs. He’s a highly respected prosecution barrister, as I’m sure you know?’
Unmoved by Morgan’s interjection, Taylor continued: ‘I can also tell you that the impact damage and post-impact movement of the vehicles have been examined. PC Henbury has been able to calculate the speed, or at least a range, of your vehicle prior to impact.’
Anderson waited with baited breath.
‘In short, even at the top end of the range, you were not exceeding the speed limit.’
He let out an audible sigh. ‘That’s good to know, officer. Thank you.’
Dewi Morgan couldn’t resist adding: ‘So the assertion you made last time – that my client was in a rush to get home – appears to be unfounded?’
Taylor ignored the comment. He had something better. ‘Having looked at the marks left on the road, the angle and distance travelled by you, as described by witnesses, prior to the collision, it appears that you fell asleep at the wheel.’
‘What? That’s not possible!’
‘Well, that is the opinion of our collision investigator and also Professor Hawthorn, an expert on sleep.’
‘But I wasn’t tired!’
‘But you can’t remember the crash, can you? And Professor Hawthorn says that is typical of sleepy drivers. You went into a micro-sleep shortly before the impact. That’s why you can’t remember it.’
Anderson was becoming more agitated. ‘This is ridiculous. It was five in the afternoon.’
‘Actually, Professor Hawthorn says that statistically, twilight is the most common time of day for people to nod off whilst driving. Don’t ask me why.’
‘I wouldn’t just drop off like that. I had a passenger for God’s sake! Someone I could only have just met. Why can’t I remember her − who she was?’
Morgan put a hand on Anderson’s arm, to avoid the tape picking up the advice. He shot him a look that told him to calm down. Morgan then tried a more measured approach. ‘The passenger, whom Mr Anderson did not know, she could have been distracting him, attacking him, robbing him? It could have been a carjacking?’
Anderson nodded his agreement. There must be another explanation, he thought. Not sleep. Not at that time of day.
The officers grinned at Morgan. Normally such a clever lawyer, offering such a ludicrous explanation. ‘We can rule out that possibility, Mr Morgan.’
‘How so?’ he asked.
‘The movement of Mr Anderson’s vehicle prior to impact. It was in an arc. And no skid marks were left on the road. If he’d been awake there would have been some evasive action – steering or braking. Professor Hawthorn says the movement of the vehicle in this way is typical of the driver having a micro-sleep.’
Anderson and his lawyer stared at the officers, open-mouthed. They had no answer. No explanation.
Taylor wasn’t done. ‘We also have an eyewitness account. Sandra Granger was in the vehicle you impacted with. She saw you wake just before the impact.’
‘What?’ Anderson was dumbstruck. ‘She must be mistaken.’
‘Mr Anderson, we know you were prosecuting in a very difficult trial. It must have been exhausting?’
‘Yes it was, but that’s my job. It’s always exhausting.’
‘Were you working late the night before?’
‘Until tennish, but that’s not unusual.’
‘Then an awards ceremony, I think?’ asked Taylor, looking at his notes.
‘I was in bed by one.’
‘And what time did you get up the next morning?’
‘About six. I know what you’re getting at, but that’s my daily routine. Like it or not, that’s the life of a criminal barrister,’ Anderson protested. ‘Officer, I didn’t feel tired.’
‘But you say you don’t remember the car journey? Any of it?’
Anderson could see how it looked.
‘Do you, Mr Anderson?’ Taylor persisted.
Anderson shook his head.
‘For the benefit of the tape?’
Eventually, Anderson answered: ‘No, I don’t. But I know my own character. I would not have driven that tired.’
‘I see,’ said Taylor, making it obvious by his tone that he didn’t believe a word. ‘Can I just clarify, Mr Anderson? What is the last thing that you do remember? I think you said during the last interview…’ He checked his notes again. ‘It was leaving the coffee shop?’
‘Yes… that’s right.’ Anderson’s response sounded uncertain. What was coming next?
‘You see, we have a statement from a colleague of yours.’
Anderson’s heart sank – Hussain? One minute he was greeting Anderson like a long-lost friend, the next he was stabbing him in the back.
‘He said he walked past Starbucks.’ Reading from the statement: ‘At about ten to five.’ Taylor paused for a reaction from the suspect.
Anderson could hear his heart thumping.
Taylor scrutinised the detainee. ‘And he saw you through the window with… Tilly Henley-Smith?’
Anderson could feel the sweat break out on his forehead. Why had he lied before? What an idiot he’d been. Now he was stuck with it.
Taylor continued reading out loud: ‘He was drinking and chatting…’ Taylor looked up at Anderson and waited for a response.
Anderson tried to think how best to deal with it. Confess his earlier white lie? He couldn’t, it would look awful: a self-confessed liar. ‘Oh yes, Tilly. That’s right. It must have slipped my mind. We did have a coffee.’
‘So you remember that now, do you?’ asked DI Taylor.
‘Yes, I do.’
‘When did you first remember her being there?’
Anderson’s stomach was churning. Could they see that he was panicking? ‘Now, when you mentioned it.’ Another lie.
‘Quite a busy afternoon for you wasn’t it, as far as young women were concerned?’
‘What’s that supposed to mean, officer?’ interjected Morgan. ‘If you’ve got something to say, just say it.’
Taylor ignored Morgan’s rebuke. ‘Maybe you can remember Miss Butt as well?’
‘No, I can’t. I’m sorry.’
‘You do see how it might come across to a jury, don’t you, Mr Anderson?’
‘What do you mean?’ he replied, understanding exactly where the officer was going.
‘As soon as a witness turns up – someone whose character is beyond reproach – says he saw you with a woman, you accept it, because you have to. Because you remember everything. Are you being selective, Mr Anderson? Selecting what you can remember?’
Anderson couldn’t take any more. He put his head in his hands.
‘Would you like a break, Mr Anderson? Time to consult with your solicitor?’ Maybe he was about to confess all, thought Taylor.
Anderson shook his head. ‘I can’t explain it, officer. Something has gone on here that we don’t know about. Please, you’ve got to find out what happened!’
‘Like what?’ Taylor replied, unable to hide his cynicism.
‘I don’t know. That’s your job. Waqar Ahmed, the man I was prosecuting when this happened would be a good start. Maybe he set me up?’
‘Set you up?’ repeated Taylor.
Waters couldn’t help but laugh. ‘You fell asleep, Mr Anderson. He wasn’t even in the car.’
Anderson gave up on the interview. A complete disaster. ‘That’s it. I’m not answering any more questions. I’ve told you all I can. From now on I’m going no comment.’
Taylor wasn’t surprised by the suspect’s change of tack, but it was too late. They had him. ‘Don’t worry, I think we’re done here. This interview is being terminated. The time now is 1436 hours.’
Anderson was taken to the custody suite with his solicitor in tow.
‘John Anderson, I am charging you with causing the deaths of Heena Butt and Molly Granger by your dangerous driving.’
The hairs on the back of his neck stood up.
This was going to be the most important trial of his life.