Russell Brand's Barrister Reports Himself to Regulator Over Journalist Clash

Ian Winter KC, the barrister who defended Russell Brand, has reported himself to the Bar Standards Board after an exchange outside a London courtroom with a Sunday Times journalist. It happened moments after a jury convicted Brand of rape and sexual assault. Winter said on Friday that his professional duty required him to refer the matter so it could be properly scrutinized.

According to The Guardian, the exchange took place outside the courtroom door at Southwark Crown Court on Thursday afternoon, with a group of journalists watching. The Bar Standards Board regulates barristers in England and Wales, per the BBC.

What happened outside the courtroom

The Guardian reported that Winter told Rosamund Urwin, whose reporting led to Brand's accusers coming forward, that he hoped she was pleased with herself. She replied that she was pleased justice had been done. Winter answered that it had not been, used a profanity to suggest she was to blame, and then said "congratulations," according to the paper.

Urwin gave her account on a Times podcast. She said she approached Winter because her name had come up repeatedly during the trial and she thought introducing herself was legitimate. She said she was surprised to be spoken to that way. The BBC reported that she described his response as a "snarl."

Brand, 51, was found guilty of one count of rape and three counts of sexual assault after a four-week trial. He was cleared of two further rape charges and one of attempted indecent assault. He had denied all charges.

Winter's position

In a statement, Winter said he had seen how the matter was characterized in the press and had made a self-report to the regulator. He did not address the exchange in detail in the statement quoted by the sources.

During the trial, Winter argued that coverage by the Times, the Sunday Times and a Channel 4 Dispatches documentary had “poisoned the well” and made a fair trial impossible, The Guardian reported. The judge, Mr Justice Bennathan, rejected an attempt to halt the trial, ruling that Brand could be tried by people who had not seen the earlier reporting. Brand has argued, through his lawyer, that he was wrongly accused and the victim of a media conspiracy.

The journalist's side

Ben Taylor, editor of the Sunday Times, defended Urwin, the paper's chief news correspondent. He called Winter's behavior extraordinary and said he had never heard of a barrister acting that way. Taylor said the verdicts came from a jury of eight men and four women, not from Urwin, and argued that attacking her integrity amounted to attacking the integrity of the jury and the judge. He said Winter should be called to account.

Comedian Katherine Ryan also criticized the barrister on her podcast, calling the exchange unprofessional and aggressive.

The Guardian reported that several complaints are understood to have been submitted to the Bar Standards Board. The regulator said it would not comment on whether it had received information about a barrister's possible misconduct. A spokesperson said complaints are usually handled confidentially unless they lead to a disciplinary tribunal hearing.

What's at stake beyond one exchange

The episode has fed a wider debate over how rape trials are conducted. In his closing speech, Winter said none of the complainants had resisted, screamed or tried to leave during their encounters with Brand. Claire Waxman, the victims' commissioner for England and Wales, criticized what she called outdated and harmful assumptions about how victims must behave. She is seeking a change in the law so juries are warned against “rape myths.”

Sir Mark Rowley, head of the Metropolitan Police, told BBC Radio 4 he supported her call. He said the reported arguments came close to victim-blaming and that victims react in many different ways. A No. 10 source said Prime Minister Andy Burnham believed Waxman's proposals should be examined. A Ministry of Justice spokesperson said rape myths have no place in courts and that judges can already give directions to counter them.

What happens next

Brand is in custody ahead of sentencing on Monday. The judge told him to expect a “significant custodial term,” according to the BBC. The BBC also reported that Brand is being investigated over two further rape allegations from two other women, which he has denied.

Read next
Russell Brand Convicted of Rape and Sexual Assault; BBC Faces Scrutiny
Russell Brand Faces Two More Rape Inquiries After Guilty Verdict
Unnamed Celebrity Asks London Court to Block Media Reports on Abuse Claims

Around Prague, based on reporting by The Guardian, BBC News