Russell Brand's trial has heard that 2023 allegations about his sexual conduct "poisoned the wells" of justice. Brand's barrister, Ian Winter KC, made the remarks in his closing speech at Southwark Crown Court on Monday.
Winter began by reciting an 1864 quote from philosopher John Henry Newman, saying: "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."
He said that 2023 reporting of sexual misconduct allegations in a Channel 4 Dispatches documentary and Times and Sunday Times stories had "poisoned the well of justice" in Brand's case by prompting the women to come forward with accusations afterwards.
Allegations and Defence
Winter told jurors: "They poisoned the wells in the hope and intention that other people come forward and make allegations against him."
Brand denies three charges of rape, three counts of sexual assault and one count of attempted indecent assault against six women, in allegations spanning 10 years from 1999. Winter said the complainants did not make the "independent decision" to speak out.
The barrister added: "Living a highly promiscuous life is entirely lawful, however morally distasteful you may find it." He also said: "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."
Impact on Brand
Winter said the 2023 allegations against Brand had had a "truly devastating effect" on him, reminding jurors of the defendant's recounting of being blocked from visiting his baby son when he was having open heart surgery at Great Ormond Street Hospital. He said: "That tells you the extent to which public opinion has been perverted and corrupted."
Of the allegations, he said the women "think it now", but it does not "reflect what they were actually thinking back then". He added: "That is the precise consequence of the poisoning of the well."
Winter said Brand respects it when a woman says no and sought "approbation and adoration" from women. He told jurors: "He respects it when a women says no so that makes him someone who is not a rapist."
The barrister said: "He was seeking the approval in the sex, it's the approval, it's the 'yes I will have sex with you' and that's what he said in his evidence." Winter referred to Brand's evidence during which he said that consent is more important than the sex itself.
Wife's Support and Trial Continues
The barrister told jurors: "What matters is he (Brand) had an immense amount of sex and none of it was unlawful." He added: "Disgusting, distasteful, immoral, who cares? It's irrelevant to your consideration."
Winter also pointed to the evidence of Brand's wife, saying: "She fell in love with that man in full knowledge of what he was doing. She married him, she bore him three children." He added that she would not have done so if Brand was "guilty as charged".
Brand was accompanied by his wife Laura Gallacher as he arrived at the central London court on Monday morning. Also with them was Gallacher's father, Ryder Cup-winning golfer Bernard Gallacher, 77, who put his hand on his daughter's back as they exited a silver Mercedes and walked towards the steps. The trial continues.
