§ Mr. Cohenasked the Attorney-General what, pursuant to his answer of 23 November regarding withdrawal of proceedings against a man for rape at Cardiff magistrates' court on 5 November, were the essential elements of the alleged offence in respect of which the death of the complainant rendered the evidence insufficient; and if he will make a statement.
§ The Solicitor-GeneralIn the absence of evidence from the complainant, admissible against the defendant under the rules of evidence, the prosecution could not have established the following essential ingredients of the offence of rape:(a) Sexual intercourse with the complainant; (b) The absence of consent; (c) The requisite mens rea.
§ Mr. Cohenasked the Attorney-General whether in the case of the man against whom proceedings for rape were withdrawn at Cardiff magistrates' court on 5 November, any statement had been made by the accused.
§ The Solicitor-GeneralThe accused answered questions put to him by police officers and also made a written statement under caution.