Malcolm Rowe

Does he really?

I think there's something to what Justice Rowe says.

Look at paragraph 81 and the end sentence.

There is an absence of comments by Mr. W that attempt to control pressure, manipulate by fear or threats or isolate the complainant or expressly or implicitly direct the complainant not to make mention to others.

Is that correct in law?

I don't think there's any requirement that there be those comments, and I don't take the trial judge as finding that that is required, but it's fair to comment on their absence in assessing what his intent was.

Justice Rowe's point is that this has to do with applying that the judge is, this is towards the end of his judgment, at the centerpiece of the discussion of the mens rea in this one, he's using the wrong legal principle and thus his findings of fact are not to be considered binding on appeal and that the Court of Appeal was correct in saying that there was an error of law.

Let me respond in, let me give two responses to that.