SCIENTIFIC evidence suggests there is a 95 per cent chance Joseph Davies cannot have killed his ex-partner, a judge has said.

Judge Andrew Gilbart QC, the honorary recorder of Manchester, gave the advice to the jury as he summed up the evidence towards the end of Davies’ nine-day trial yesterday. He denies murder.

He said evidence from a forensic pathologist revealed that the earliest 31-year-old Kelly Davies died was at 11.30am on Sunday, June 3.

Her body was found on Monday, June 4, but prosecutor Peter Wright claims Davies killed his ex-partner on Saturday, June 2. Forensic pathologist Naomi Carter said the well-established system to determine the time of death has a 95 per cent confidence level, but said she thought the death could have occurred earlier.

Judge Gilbart said: “The table (used by pathologists) is calculated on the basis that you can be sure that 95 per cent of cases fall within it.” He added: “The defendant had left 15 hours before the start of the range.”

Stuart Denney, QC, defending Davies, claims the pathogist’s evidence is the “end of the case”.

Judge Gilbart said Mr Wright claims the prosecution case is so strong that a witness claiming she saw Ms Davies after she is thought to have died must be wrong.

Manchester Crown Court heard yesterday about the defendant and the alleged victim’s chaotic lifestyle.

Judge Gilbart said: “Nobody could pretend really that the defendant would have come across to you as a person you would like to spend a great deal of time with.”

The case continues.