Throughout the trial, Mr Winter had taken aim at media reporting for the prosecution of his client, contending that coverage by Ms Urwin and other journalists had “poisoned the well” and denied Brand any prospect of a fair hearing.
The trial judge, Mr Justice Bennathan, had already rejected that argument, dismissing Brand’s attempt to have proceedings halted on the basis of negative press coverage.
In pre-trial hearings that can now be reported for the first time, the KC attempted to persuade Mr Justice Bennathan to throw out the charges entirely, arguing that the Channel 4 Dispatches documentary and Sunday Times investigation amounted to criminal conduct.
“The conduct of Channel 4, Hardcash Productions – the makers of the documentary – and the Sunday Times newspaper in publishing the anonymous allegations against the defendant was, and remains, unlawful and criminal,” Mr Winter told the court.