Russell Brand's barrister has told his trial that allegations about the comedian's sexual conduct in 2023 "poisoned the wells" of justice by prompting women to come forward with accusations afterwards.
Ian Winter KC, in his closing speech at Southwark Crown Court on Monday, began by reciting an 1864 quote from philosopher John Henry Newman. Quoting it, he said: "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. He told jurors: "They poisoned the wells in the hope and intention that other people come forward and make allegations against him."
Defence points to 'curious feature' in complainants' evidence
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.
Mr Winter said there is a "curious feature" to the evidence from the complainants, adding: "They have all given evidence that Mr Brand's behaviour was normal either during and or after the incidents." He added: "That, we suggest, is something that simply cannot have occurred if he is guilty."
The barrister said the fact he behaved normally showed Brand believed they had consented. He added: "He couldn't have been behaving normally if he knew they were not. He obviously genuinely believed that they were consenting because that's the only thing that would explain why his behaviour was normal."
The barrister added that there is "no evidence he is some sort of psychopath who rapes people and thinks it's normal". Mr Winter said the complainants did not make the "independent decision" to speak out.
Impact of allegations on Brand
Mr 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."
Mr 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." Mr Winter referred to Brand's evidence during which he said that consent is more important than the sex itself.
Prosecution's use of memoir criticised
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." Mr Winter put to jurors: "Why is it that only three rapes in 10 years?"
The barrister also pointed to the evidence of Mr Brand's wife, adding: "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".
The prosecution reached for Brand's 2007 memoir My Booky Wook in a "bid of desperation", Mr Winter said. He told jurors: "We suggest in the greatest respect that in a bid of desperation, the prosecution reached for Mr Brand's book."
Mr Winter said that Brand wrote a "funny book" which "contained jokes". He referred to a passage from the book in which the defendant wrote "This is the exact moment when I decided to act gay to attract girls" next to a young picture of himself. The barrister added: "It was so obviously a joke… The joke is that it didn't work."
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.
