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10:55 GMT, Friday, 4 April 2008 11:55 UK

Man cleared in suicide rape case

Kim Corner

A man accused of raping a woman who later killed herself on a beach has had the case against him dropped.

Kim Corner, 34, of Billingham, Teesside, was found dead with a bottle of vodka and tablets at Seaton Carew.

Michael Nicholson, 39, from Berkley Court, Billingham, was formally cleared of rape at Teesside Crown Court on Friday after no evidence was submitted.

Police had considered a manslaughter charge to try to prove the alleged sex attack led Ms Corner to take her life.

As he left court, Mr Nicholson said: "I've been through hell. I don't want to say any more right now."

Ms Corner's body was discovered on the beach at Seaton Carew, near Hartlepool, close to the water's edge on 27 October, 2007.

She was found clutching a photograph of her eight-year-old daughter and her mobile phone. A bottle of vodka was also nearby on the sands.

Five days before her suicide, she complained to police that her partner Mr Nicholson had raped and sexually assaulted her.

Michael Nicholson

He was charged and appeared in court before she took her own life.

Adrian Waterman QC, prosecuting, said Ms Corner had made allegations of domestic abuse in the past against Mr Nicholson, but never made any formal complaints.

In the hours before she alleged she was raped, while she was drunk in a pub, she was heard by several witnesses to say she was going to get her "revenge" on Mr Nicholson, the court heard.

One witness claimed the word "rape" was used, Mr Waterman told the court.

He said: "The difficulty is that tragically, she is not here to answer the inevitable questions that the evidence raises, or to say one way or the other whether she did or did not use the word 'rape'."

'Realistic prospect'

Mr Waterman said Ms Corner had a history of self-harming and had tried to kill herself before.

Her depression worsened after she started her relationship with the defendant, he said.

"Nonetheless, her suicide raised for the Crown the question whether Michael Nicholson was criminally responsible for it," he said.

A forensic psychiatrist was consulted who said if the rape allegation could be proved, there was a "realistic prospect" of proving a manslaughter charge.

But the Crown Prosecution Service decided it could not prove the allegations and did not submit any evidence.

Mr Nicholson was formally cleared of the charge against him.

A Cleveland Police spokeswoman said: "Following a lengthy investigation of the case and discussions involving both the police and CPS, the CPS has decided not to proceed with the case."




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Related to this story:
Court appearance for rape accused (30 Oct 07 |  Tees )
Woman found dead after rape claim (29 Oct 07 |  Tees )

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