Just another thought here....devil's advocate and all that. Isn't ECT based on position of the sun etc on a clear evening? Surely it could be a lot darker in overcast conditions at the same time? I'm guessing that although they were still before ECT, with the low overcast it would have appeared to be quite dark...certainly much darker than on a clear evening.
Just haven't heard that mentioned before...that could be why it appeared to be so dark to "in-expert" witnesses.
Or maybe the darkness just wasn't a factor.
Still smells of a jack-up to me. CAA continuing with their glowing record of success in prosecutions!