Criminal defence barristers like Ian Winter KC should not face public condemnation simply for vigorously fulfilling their professional duty to hold the prosecution to account, even when representing famous clients like Russell Brand, says Luke Gittos
It has been a tough week for Ian Winter KC, counsel for disgraced comedian Russell Brand.
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It → face → Brand
His client was convicted last Thursday of rape and three sexual assaults.
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client → convict → rape
On Monday, Brand was sentenced to ten years and six months.
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Brand → sentence → years
Whilst making a point in mitigation, arguing that Brand’s behaviour did not constitute a continuous course of conduct, the Judge pushed back saying “the fact that he got away with it for so long is hardly mitigation, is it?”.
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it → make → it
The Judge was not the first person to stick the boot into Winter.
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Judge → stick → Winter
He has been condemned for confronting Sunday Times journalist Rosamund Urwin outside Southwark Crown Court, apparently blaming her reporting for denying Brand a fair trial.
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He → condemn → trial
He has referred himself to the Bar Standards Board.
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He → refer → Board
Reports have also emerged of his unsuccessful pre-trial abuse of process application, in which he accused journalists from the Times newspapers and Channel 4 of criminal conduct.
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he → emerge → conduct
His questioning of the complainants has been labelled aggressive and demeaning.
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questioning → label → complainants
Brand himself is reportedly unhappy with his representation and considering a new legal team.
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Brand → consider → team
These criticisms are misplaced.
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criticisms → misplace → ?
Brand faced extraordinary publicity long before a jury was sworn.
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jury → face → publicity
An argument that this publicity might compromise the fairness of his trial was plainly worth considering.
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publicity → compromise → trial
That is exactly what an abuse of process application can address: whether proceedings can fairly continue.
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proceedings → address → process
Winter went further, alleging that the journalists’ reporting amounted to contempt of court and perverting the course of justice.
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reporting → go → justice
That is a serious allegation, but it should not obscure the perfectly proper question of whether Brand could receive a fair trial after years of publicity.
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Brand → obscure → publicity
It was a reasonable argument to make, albeit that Winter made it in strong terms.
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Winter → make → terms
As for Winter’s trial tactics, let us at least accept that he had a difficult job.
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he → let → job
The prosecution presented Brand as a serial sexual predator who had escaped accountability for years.
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who → present → years
Women had independently come forward describing similar conduct.
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Women → come → conduct
That was a formidable case to meet.
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That → meet → ?
Brand denied the offences, maintaining that sexual encounters were consensual or that the alleged incidents had not happened.
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incidents → deny → offences
His defence necessarily involved challenging the complainants’ credibility.
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defence → involve → credibility
You can’t call someone a liar politely
Winter did so forcefully.
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You → call → someone
But it is difficult to call someone a liar politely.
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it → call → someone
Where his instructions required him to allege dishonesty, he had a professional duty to put the substance of that allegation to the witness.
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he → require → witness
A barrister cannot abandon an accused person’s defence because it makes for uncomfortable headlines.
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it → abandon → headlines
Of course, that duty has limits.
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duty → have → limits
The rules on questioning complainants in sexual cases have changed substantially.
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rules → question → cases
Barristers cannot humiliate witnesses for sport.
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Barristers → humiliate → sport
Judges warn juries against rape myths, including assumptions about how a genuine victim must behave.
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victim → warn → assumptions
There is no automatic entitlement to ask any question simply because it might help the defence.
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it → be → defence
But robust cross-examination remains essential, especially where the defendant disputes the truth of an allegation.
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defendant → remain → allegation
Imagine that your son or daughter faced a serious charge based on an accusation they insisted was false.
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they → imagine → accusation
You would want their advocate to test that accusation thoroughly; however unpleasant the process became
Imagine that your son or daughter faced a serious charge based on an accusation they insisted was false.
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they → want → accusation
You would want their advocate to test that accusation thoroughly; however unpleasant the process became.
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process → want → accusation
That principle does not disappear when the defendant is famous, unpopular or ultimately convicted.
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defendant → disappear → ?
Winter has acknowledged that his encounter with Urwin deserves scrutiny.
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encounter → acknowledge → scrutiny
His courtroom arguments can also be criticised on their merits.
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arguments → criticise → merits
But treating every uncomfortable question and unsuccessful application as evidence of misconduct betrays a misunderstanding of criminal defence.
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treating → treat → defence
…and 4 more, not listed.
The Aporia
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