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
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
Rate this article
MOST POPULAR ON CAPITALBAY
- Royal baby hoax hospital staff wanted to discipline nurse Jacintha Saldanha
- Trainee teacher hangs himself after split from the girlfriend he couldn’t live without
- Lacey Wildd has had 30 enhancement surgeries and is planning more
Missing cat turns up 128 MILES from home after going missing for five weeks and hitching a ride in a caravan
George went missing from North Wales home and turned up in YorkshireRunaway 18-year-old tabby has been reunited with owners after five weeksThey believe he ran ...
Timothy Eli Thompson was born without nasal passages or sinus cavitiesMother Brandi McGlathery said ad with photo of her son that pro-life group posted about ...
Pray to Allah or we'll throw you overboard, Muslims ordered Christians as punctured dinghy full of African migrants sank into the Mediterranean
Nigerian Muslims threw 12 Christians overboard when he refused to stopSurviving refugees on dinghy looked distressed when they arrived in ItalyItalian ships have rescued 10,000 ...
ESPN reporter Britt McHenry was filmed berating tow clerk Gina Michelle Her car had been towed from a Chinese diner in Arlington, VA, on April 6Enraged, ...
Labour grandee escaped prosecution for string of child abuse allegationsLawyers have told of botched investigations in 1991, 2002 and 2007Former DPP said evidence in 2007 ...
Martynas Kupstys was waiting for a prison van to take him to courtKupstys told prison officers that they were making a mistake releasing himHe was ...
Disgruntled flyers have taken to social media to shame feral passengersThe photographs show people with less than desirable habits on planesImages are submitted anonymously by ...
The nightmare of booking a holiday villa - then finding it doesn't exist: Police say cons cost families £2m a year - and the crooks are getting cleverer
On average, victims lose £889 each, though one lost a crippling £62,000Last year 1,569 victims of online holiday fraud called special police helplineAlmost 200 ...
WARNING GRAPHIC CONTENT: 80 people also injured by bombExplosive-laden motorcycle detonated in commercial district in Jalalabad Targeted crowd of military personnel and civilians waiting for wagesTwo ...
Elsie Frost was 14-years-old when she was murdered on October 9, 1965She was stabbed in the back and head in Wakefield, West YorkshireThe case files ...