Former Army captain accused of rape was 'charming and likeable' before becoming 'volatile', court told
By Ian Garland
13:24 EST, 13 April 2012
13:35 EST, 13 April 2012
Former Parachute Regiment captain Brian Witty is charged with sexually assaulting four women
A former Army captain accused of raping and sexually assaulting four women was likened to Dr Jekyll and Mr Hyde today.
Brian Witty, 41, who served in the Parachute Regiment, was able to be 'charming, likeable, attractive, understanding and nice' to women, but his 'personality could change and become volatile,' the jury at Kingston Crown Court was told.
The father-of-two from Teddington, Middlesex, is accused of raping three women and sexually assaulting a fourth between 1995 and last year, having met two through a dating site and two in a bar.
None of the alleged victims were known to each other and despite being arrested and questioned after the first three alleged attacks, no charges were brought.
This, the prosecution allege, made him think he was 'untouchable'.
Witty, who denies the allegations, was only charged after the fourth woman made a complaint about him and police re-interviewed his previous three alleged victims.
Edmund Gritt, prosecuting, said it was 'no coincidence or bad luck' on Witty’s part that the four women unknown to each other had complained to police independently from each other.
He said: 'Why are these four cases tried together?
'There is no conspiracy to tell lies. These four women are unknown to each other, each came forward entirely independently and accused Brian Witty.
He said Witty’s defence was 'basically it’s a coincidence and they are all lying.'
However, he added: 'The common factor is the defendant. Yes there are differences between offences.
'But there are overlaps and similarities. The question for you is do they seem to describe the same man, the same manner, treating each in the same way?
'In general terms each of the women describe a man that can be charming, likeable, attractive, understanding, nice.
'But they say his personality changes and he’s volatile.
'They have a growing sense of unease and discomfort. They describe how these incidents develop at the hands of the defendant.
Brian Witty is on trial at Kingston Crown Court
'His behaviour is such they don’t want to upset him. They put up with his uncomfortable and controlling behaviour because they hope it will pass.'
He noted Witty’s behaviour in the witness box to back up his point saying he had been 'reasonable, calm and plausible,' 'apologetic in tone'.
However, in cross examination he 'was hectoring, aggressive'.
He said the decision not to prosecute the first three rapes dating back 17 years to the mid-1990s had convinced Witty he was 'untouchable'.
He said: 'Time and again members of the jury, the CPS made a decision not to charge Brian Witty.
'Whatever the rights and wrongs of those decisions, you are concerned with the evidence in this trial.
'In that context, the importance of the decision not to charge in the first three cases, they confirmed in Brian Witty’s mind he was untouchable and could carry on how he wanted.'
He said since the first rapes, Witty 'had not modified his behaviour to avoid further accusations because he’s confirmed in his own mind he’s untouchable'.
Of the four women’s accounts, he continued: 'It suggests they describe the same man behaving in the same way time and time again.
'A man you saw behave just as they saw him behave, switching moods just as dramatic as you saw.
'I suggest the correct verdicts in this trial are those of guilty.'
However, Witty’s barrister Mark Milliken-Smith QC said each allegation had to be looked at separately, adding: 'It’s very easy to brand everything the same.
'There is a proper basis for you to conclude on the evidence each of the complainants were consenting or at the very least may have been consenting.
'You have been repeatedly told you may use the evidence in one count to see if it supports the evidence in another count.
'We suggest the Crown’s whole case as actually about and dependent on that legal direction.
'Witty is guilty not because the Crown in each count can prove the evidence is so compelling you can be sure of his guilt and say he simply can’t be telling the truth because there are four separate allegations.
'The only reason Witty has been charged with three old accusations ... is to utilise three weak cases to bolster a weak fourth. To fan the "no smoke without flames" fire.'
Mr Witty denies three rapes and one charge of sexual assault between 1995 and 2011.
The trial continues.
Headlines Newsview all
Where will you be you taking your wellies this summer? Bestival, Creamfields, Glastonbury? From who will be headlining Lovebox to what to expect at this year's ... Full story
Jeremy Hunt today claimed the junior doctor strike is causing "terrible suffering" as his stand-off with the medics' union led to a second walkout. The Health ... Full story
Former football hooligan One Eyed Baz walks free from court after road-rage charge dropped when witnesses 'vanished'
A reformed football hooligan nicknamed 'One Eyed Baz' has walked free from court after a road-rage assault charge against him was dropped. Barrington 'Baz' Patterson, 50, ... Full story
Rate this article
MOST POPULAR ON CAPITALBAY
- JUST IN: BT Suffers Outage Of Broadband And Phone Network Across The Country
- Man Dies After Falling Down Stairs At Popular City Centre Restaurant And Banging Head
- Mechanic raped lawyer before strangling her to death after being rejected by girl at party
England footballer Adam Johnson is due to go on trial accused of child sex charges. The 28-year-old Sunderland winger is set to appear at Bradford Crown ... Full story
Aaren O'Connor was in a car outside her Chicago apartment on Friday She told her father David her head hurt, but she didn't know why At that ...
Kittens Luke and Skywalker found abandoned in a cardboard box in park Cruel thugs had chopped off Luke's paws and broke Skywalker's back Tiny brothers were in ...
Elderly man got trapped in his wooden stand for 4 days in 90 degree heat Police carried out the rescue Monday after a passer-by heard noises Man ...
Number of those strongly opposing strike almost doubled to 14 per cent A total of 22 per cent are now against the doctors walkout, a poll revealed Anger ...
Yelp released its 2016 list of the 'Top 100 Places to Eat in Australia' Melbourne hot spot Chin Chin claimed the top spot on the list WA ...
American Crime Story: the People V. OJ Simpson depicted the infamous White Bronco car chase it its new episode Simpson sits in the backseat with a gun to ...
Sydney's Bondi Junction station to get trial grocery pickup service Shoppers can buy from Woolworths online then collect shopping It will be available for pick up from ...
Pregnant woman tests positive to Zika virus in southeast Queensland after returning from a trip overseas
A pregnant woman has tested positive for the Zika virus The woman, from southeast Queensland, recently returned from overseas The mosquito-borne virus has been linked to severe ...