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
X Factor contestant in Bindi bust: Contestant is trolled after triggering response from viewers who say she should not be wearing the symbol because she is not Indian
Chloe Paige wore the traditional Hindu symbol during her X Factor auditionThe 21-year-old wowed the judges but sparked a furious race row onlineMany tweeted the ...
Tori Shipman, 20, charged by NSW Police after she crashed her car in Willow Tree, killing her two-year-old daughter and critically injuring her 11-month-old son
Mother who crashed her car, killing young daughter, charged by policeTori Shipman, 20, rolled her car while driving in NSW last monthShipman's two-year-old daughter died ...
'We are the workers' party now': Cameron unveils crackdown on rogue bosses who fail to pay new £7.20 living wage
Government to double the fines on companies caught underpaying staffBosses face £20,000 charge for paying below the new national living wageFrom April, firms will have ...
A course co-ordinator lost his job for sending 'insulting' emails to IT staffAn international college in Melbourne claims the emails were 'disrepectful'The course co-ordinator took the matter ...
David Cameron had wanted to opt out of most the EU employment rules But it is understood he will abandon this in his renegotiation with EuropeNow ...
Robin Bailey read out heartfelt message live on air thanking everyone for the support over past year since her husband took his own lifeSmartmen men's ...
Mother, 30, of three-year-old boy who tragically burned to death in a unit fire in Beenleigh succumbs to her injuries and dies two days later
Crystal Cartledge, 30, died in hospital on Tuesday with injuries from fireHer son, three, died at the scene on Sunday nightThe unit fire broke out ...
Officers received reports of a burglary in process in 'a grey brick house' Police in Atlanta responded to the wrong house and a gunfight took placeOne ...
1. Chinese manufacturing activity fell into contraction, the figure slumping to three-year low in the latest sign of slowing growth in the world's second-largest economy. ...
Joel Rosenthal spotted the mammal looking for food at kitchen counterHe approached the bear named rose and began ushering it from his houseBear walked towards ...