Marlborough man is cleared of rape

A Marlborough man accused of raping a woman has been cleared of any wrongdoing after prosecutors dropped the charge against him.

Simon Plank, of Purlyn Acre, Marlborough, was due to face trial in July after pleading not guilty to the allegation.

But prosecutors have decided there is insufficient evidence to proceed with the case against the 40-year-old and offered no evidence.

Tessa Hingston, for the Crown, said: “The reason for that, primarily, is the lack of support for the prosecution from the victim.

“In the particular circumstances of this case it is not appropriate to continue without her support.”

Judge Euan Ambrose, sitting at Swindon crown court yesterday, said: “The Crown have obviously considered it carefully: my function is limited.”

He passed a formal not guilty verdict on the heavily tattooed defendant, who appeared in the dock wearing a hoodie bearing the words ‘Keep calm and carry on drinking’.

Nadia Chabat, defending, said her client had attended one hearing at the magistrates court and three at the crown court.

She said it cost £5.10p on the bus each time and made a request for a defendant’s costs order of £20.40p be made.

Plank had been accused of carrying out the sex offence in Swindon on Saturday October 22 last year.

Comments(3)

FromTheWirral says...
10:08am Thu 24 May 12

£20.40p to Keep Calm and Carry On Drinking... Result! But joking aside, whatever happpened to anonymity in these situations?

Ridiculous that he was named and his address more or less published before he was found guilty! Those that know him accept he isn't everyone's cup of tea but this is wrong on so many levels.

Am assuming the 'victim' wil now be prosecuted for wasting police and judiciary time?

notscot says...
12:06pm Thu 31 May 12

FromTheWirral wrote:
£20.40p to Keep Calm and Carry On Drinking... Result! But joking aside, whatever happpened to anonymity in these situations?

Ridiculous that he was named and his address more or less published before he was found guilty! Those that know him accept he isn't everyone's cup of tea but this is wrong on so many levels.

Am assuming the 'victim' wil now be prosecuted for wasting police and judiciary time?
Was she? Or did she decide she couldn't face the trial? Have you asked her why she didn't want to step into court?
No - didn't think so.
I don'tthink it fair, though - to name either the suspect or the victim in these cases, before the verdict.

FromTheWirral says...
1:04pm Fri 1 Jun 12

I will readily admit to not having a full understanding of the law but the case appears to have reached Crown Court stage which would indicate that the 'plaintiff' had submitted, agreed and volunteered herself open to questioning by both defence and prosecution.

If the case had been 'watertight' there would in fact have been no need for her to be there at all as the CPS would be happy to continue the process knowing the case was 100% solid.

This didn't happen, which suggest the evidence was flawed.

Just saying like, not defending or vindicating him as such, more the process...

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