Former Army captain accused of rape was 'charming and likeable' before becoming 'volatile', court told

By // Law And Crime | Former Army captain accused of rape was 'charming and likeable' before becoming 'volatile', court told
Email to a friend Plain text Print version // Font size: Decrease font Enlarge font

By Ian Garland

PUBLISHED: 13:24 EST, 13 April 2012 | UPDATED: 13:35 EST, 13 April 2012

Former Parachute Regiment captain Brian Witty is charged with sexually assaulting four women

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

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.

Tagged : No tags for this article

Headlines Newsview all

Amanda Holden at the centre of Twitter backlash as she sends daughter to school dressed as Pretty Woman prostitute for fancy dress day

A parenting group has slammed TV star Amanda Holden for posting a picture of her nine-year-old daughter 'dressed as a prostitute' online.The Britain's Got Talent ... Full story

Grandmother filmed confronting militants and branding them 'devils' before quoting verses in the Koran that forbid slaughter

An incredible video has emerged showing the moment an elderly woman bravely confronted two Islamic State militants, telling them their terror group is cursed and ... Full story

Jobseeker shocked to be sent rudest rejection email ever calling him an 'old, aesthetically challenged professional pr*** with no teeth'

A jobseeker was shocked after he was branded as 'irritating', 'rude' and 'obnoxious' in a cutting email accidentally sent to him by a prospective employer.James ... Full story

Youngsters turning their backs on binge drinking with 40% surge in teetotal teens and students

Teenagers and young adults are turning their backs on binge drinking, dramatic new figures have revealed.The proportion of teetotal 16-to-24 year olds has rocketed by ... Full story

Talented 18-year-old pianist who had won a place at Cambridge University was killed by a train after suffering a lapse into deep depression

A gifted 18-year-old pupil who had won a place at Cambridge University was killed by a train after suffering a lapse into 'deep depression', his ... Full story

Former PE teacher, 91, becomes oldest person ever sent to prison for the first time after being found guilty of string of sex attacks on boys

A 91-year-old former teacher has become the oldest person to be sent to prison for the first time after he was jailed for carrying out ... Full story

Beauty therapist who posted dozens of weight loss selfies showing off her new slim figure on Facebook is reported for encouraging nudity

A beauty therapist who posted dozens of 'selfie' pictures of her new slimline figure on Facebook said she was shocked and upset after being reported ... Full story

Parents slam former Ofsted boss Zenna Atkins who is now chair of school governors over x-rated messages she posted on public Facebook page

Parents have slammed a former Ofsted chief who is now chairman of a school's governing board over x-rated messages she posted on Facebook.Zenna Atkins, who ... Full story

Taxpayers forked out £2,300 a month for council boss on £195,000 a year salary to drive luxury Porsche

Taxpayers paid out more than £2,300 a month for a council chief executive on a £195,000 a year salary to drive around in a luxury ... Full story

30 signs YOUR relationship has hit the comfort zone (and will go the distance)

Do you go au natural around your partner, chat to them while naked and do their laundry? You've officially hit the comfort zone.New research reveals ... Full story

Number of Muslim children in England and Wales doubles in a decade with one in 12 school pupils now brought up in Islamic home

The number of Muslim children in England and Wales has doubled in a decade, according to the most detailed study of its kind.An analysis of ... Full story

Comment on: Former Army captain accused of rape was 'charming and likeable' before becoming 'volatile', court told

Rate this article


Breaking News

Employer blasts dental centre receptionist Annette Higgins who stole $9,802

Annette Myra Higgins stole $9,802 from her employer's dental practice  Guilty of false accounting and theft by a person in special relationship also Former employer told ...

Scientology turn tables on documentary maker by making secret film about him 'and targeting Academy voters' in bid to stop him winning an Oscar 

Alex Gibney, director of Going Clear, said campaign against him intensifiedEmmy-winning film, which debuted in March, could also win an OscarAcademy members involved in voting ...

British father-of-six drowns while going for a swim in the sea during family holiday in Morocco to celebrate his 49th birthday 

Grandfather Glenn White, 49, was on holiday with partner and daughterHis body was recovered from the water after he was swept out to sea His sister ...

'Jim, I love you. Please forgive me. I’m not for this world': Suicide note of Cathriona White revealed as Hollywood star Carrey is expected to fly to Ireland for her funeral

Cathriona White will be buried next to her father Pat on Saturday morning Her body has been returned to her native Co Tipperary for her funeral ...

Nicola Sturgeon says she'll paint her face with a Saltire if Andy Murray wins Wimbledon again

Sturgeon joked that she will paint Saltire on face if Murray wins tournamentFirst Minister insisted in interview she still has a sense of ‘British ...

Russia's cruise missiles are seen speeding through the skies on their way to 'destroy ISIS targets' as Syrian army begins 'major attack' on towns held by 'terrorists'

Footage purports to show Russian cruise missiles soaring through skiesThe two missiles were launched from warships located in the Caspian Sea Iraq and Iran are in ...

Rush hour chaos on the M60

The incident happened at 5am on the anticlockwise route near Salford Police said nobody was injured in the crash, but delays were expected Queues lined up all ...

The dealer accused of being the main ice supplier in Kings Cross

Man, 52, was arrested by police in Sydney's Kings Cross on WednesdayHe is allegedly the main supplier of ice in the area and is known ...

US Volkswagen boss admits he knew of the company's emissions rigging scandal affecting millions of cars as early as spring last year

Michael Horn told about 'possible emissions non-compliance' last yearApologised once again for VW's use of software to 'defeat testing regime'Said it took full responsibility and ...

Clayton Ronald Williams charged with the murder of PC David Phillips

Teenager Clayton Ronald Williams, 18, from Wallasey has been charged with the murder of PC Dave Phillips Phillip Stuart, 30, of Oxton is charged with aggravated ...