A man is arrested for rape in a park where the offence was allegedly committed, shortly after it was said to have been committed, at midnight. The man informs his solicitor that he was in the park because he was meeting a woman there with whom he is having an affair. He does not want to mention this in interview because his family may find out. The man is interviewed at 2.00 am and is very tired. He is cautioned as follows: 'You do not have to say anything. But anything you do say may be given in evidence.'What are the best grounds for arguing that an adverse inference should not be drawn if the man does not account for why he was in the park when asked to do so by police?