Brand Defence Alleges 'Poisoning the Well' in Sexual Assault Trial
Barrister Ian Winter KC claims 2023 media reports prompted accusations, impacting public opinion.
Callum Smith
Russell Brand denies multiple charges of rape and sexual assault as his trial continues.
Ian Winter KC, Brand's barrister, claims 2023 reporting of sexual misconduct allegations in a Channel 4 Dispatches documentary and stories in The Times and Sunday Times had “poisoned the well of justice” in Brand’s case. Winter stated these reports prompted women to come forward with accusations afterwards, asserting they poisoned the wells in the hope and intention that other people would make allegations against him.
Winter claims the complainants did not make an “independent decision” to speak out. He cited John Henry Newman, who wrote: “What I insist upon here, now that I am bringing this portion of my discussion to a close, is this unmanly attempt of his, in his concluding pages, to cut the ground from under my feet … this I call poisoning the wells.”
The barrister argued Brand “obviously genuinely believed that they were consenting because that’s the only thing that would explain why his behaviour was normal.” Winter added, “He couldn’t have been behaving normally if he knew they were not.”
There is no evidence he is some sort of psychopath who rapes people and thinks it’s normal.
Winter also stated, “There is no evidence he is some sort of psychopath who rapes people and thinks it’s normal.” He maintained Brand respects it when a woman says no, which makes him someone who is not a rapist, and that he was seeking approval in sex.
The allegations span a period of 10 years from 1999, with the earliest allegation dating back to 1999 concerning an event during the Labour party conference in Bournemouth. Winter questioned the jury, asking, “The question for you is can you possibly be sure in this case that out of the many, many women who voluntarily had sex with Mr Brand, he raped just three of them.”
Winter asserted that “living a highly promiscuous life is entirely lawful, however morally distasteful you may find it.” He added, “Disgusting, distasteful, immoral – who cares? It’s irrelevant to your consideration.”
The 2023 allegations against Brand had a “truly devastating effect” on him. Winter claims public opinion has been “perverted and corrupted,” stating, “That tells you the extent to which public opinion has been perverted and corrupted.”
The trial continues.