Inner London Crown Court
R-v-BRIGHTMAN
Wednesday 4 March 2009
Morning Session
Before:
THE HONOURABLE MR JUSTICE McCANN
| MRS SCOTT | Would you please state your full name? |
| MISS BARTLETT | Sylvia Jane Lesley Bartlett. |
| MRS SCOTT | Thank you. Now, Miss Bartlett, how long have you known Mr Brightman? |
| MISS BARTLETT | About five and a half years. |
| MRS SCOTT | And you formed a relationship with him? |
| MISS BARTLETT | Yes. |
| MR JUSTICE MCCANN | Would you speak up, Miss Bartlett? |
| MISS BARTLETT | I’m sorry. Yes. |
| MRS SCOTT | You maintained a relationship with the defendant whilst he spent some time in prison, did you not? |
| MISS BARTLETT | Yes, I did. |
| MRS SCOTT | And when he was released from custody in December 2007, you were able to spend time with him again? |
| MISS BARTLETT | I was living in London at that time, and Lee was supposed to stay in Lancaster. He was supposed to sign on at the police station every week, and see probation, things like that. So I didn’t see him that often. |
| MRS SCOTT | Did Mr Brightman visit you in London? |
| MISS BARTLETT | Yes, whenever he could. |
| MRS SCOTT | And how would you describe your relationship at this point. Were you both happy together? |
| MRS SCOTT | Take your time. |
| MR JUSTICE MCCANN | Would you like to sit down, Miss Bartlett? |
| MISS BARTLETT | Thank you. I’m sorry. Lee was very different when he came out of prison. He was difficult to be around sometimes. |
| MRS SCOTT | What do you mean by that? |
| MISS BARTLETT | He could be – er – argumentative. He was prone to mood swings. |
| MRS SCOTT | Was he physically violent towards you? |
| MR JUSTICE MCCANN | Miss Bartlett, do you need a glass of water? |
| MISS BARTLETT | No, no. I’m sorry. He could be nasty in the things he said, and I was scared of him. But he was only ever violent to me that last time. |
| MRS SCOTT | Thank you, I understand this is very upsetting for you. When he was released from prison, did Mr Brightman mention Catherine Bailey to you? |
| MISS BARTLETT | No. I saw Catherine in January last year. I was on the bus and she was outside, waiting at the bus stop. When I saw Lee I told him that I’d seen her. |
| MRS SCOTT | And how did he react? |
| MISS BARTLETT | He made no comment on it at the time. But he must have been looking for her. I saw a job advert in the paper and noticed Catherine’s name as the person to contact. Catherine worked in personnel, I assumed it was her. When I showed it to Lee, he said he was going to apply for the job, just for a laugh. He wanted to use my address on the application form. |
| MRS SCOTT | And how did you feel about that? |
| MISS BARTLETT | I wasn’t happy that he wanted to contact her again. We had an argument about it. |
| MRS SCOTT | Now, a few moments ago you said that Mr Brightman was only violent that last time. Could you tell the court the circumstances that led up to that event? |
| MISS BARTLETT | (inaudible) |
| MR JUSTICE MCCANN | Miss Bartlett, could you speak up for the court, please? |
| MRS SCOTT | Are you alright to continue? |
| MISS BARTLETT | Yes. Thank you. |
| MRS SCOTT | My question was in relation to the last time that you saw Mr Brightman prior to his arrest. |
| MISS BARTLETT | I looked in his bag. He brought a bag with him when he came. Usually he took it with him when he went out, but on that occasion he left it behind, and I looked inside it. |
| MRS SCOTT | And what did you find? |
| MISS BARTLETT | It was mainly clothes, a pair of shoes, just things you would take for a weekend away. But at the bottom of the bag I found – other things. There was a photo of Catherine. A pornographic photograph. And some equipment, electronic devices, I don’t know what they were. And a knife. |
| MRS SCOTT | I see. And just to be clear, what date did this happen? Do you recall? |
| MISS BARTLETT | It was Tuesday the sixth of May last year. |
| MRS SCOTT | And when you next saw Mr Brightman, did you tell him what you’d found? |
| MISS BARTLETT | Yes. It was the next morning. I don’t know where he’d been that night, but he didn’t come back to the flat. |
| MRS SCOTT | And how did he respond? |
| MISS BARTLETT | He was very angry. He hit me across the back of my head. I lost consciousness for a few moments and when I came round, he was… he was… |
| MRS SCOTT | Take your time. |
| MISS BARTLETT | I’m sorry. He was on top of me. He was raping me. |
| MRS SCOTT | He raped you? |
| MISS BARTLETT | Yes. |
| MRS SCOTT | What happened next? |
| MISS BARTLETT | He left. He just took his bag and walked out. |
| MRS SCOTT | Did you call the police? |
| MISS BARTLETT | No. I was too afraid. I didn’t know where he’d gone. I thought he might come back at any moment. |
| MRS SCOTT | What did you do? |
| MISS BARTLETT | I had a bath. Got dressed in clean clothes. I went to a public telephone box and phoned Catherine at work, and asked her to meet me. |
| MRS SCOTT | You met up with Catherine in Oxford Street, is that correct? |
| MISS BARTLETT | Yes. I wanted to meet somewhere public, in case he was following me. |
| MRS SCOTT | And was it your intention to tell Catherine what had happened to you? |
| MISS BARTLETT | Yes. I wanted to warn her. |
| MRS SCOTT | To warn her? |
| MISS BARTLETT | I thought he was going to go after her. I thought he was planning to attack her again. |
| MRS SCOTT | When you met with Catherine, did you explain this to her? |
| MISS BARTLETT | (inaudible) |
| MRS SCOTT | Sylvia, for the benefit of the court, would you please answer? |
| MISS BARTLETT | No. I didn’t. I didn’t get a chance to tell her. Lee phoned me just as Catherine arrived. He was normal on the phone, but I knew he was watching us. He asked why I was wearing those clothes. |
| MRS SCOTT | Could you explain what you thought he meant by that? |
| MISS BARTLETT | I normally wear quite bright clothing. I’d chosen to wear a plain black skirt and a white blouse. I thought it would make it harder for him to spot me, if he was following me. |
| MRS SCOTT | And he commented on your clothing? |
| MISS BARTLETT | Yes. And he asked who I was meeting. I told him no one he knew. He said I was lying, it was someone we both knew very well. I knew he was watching us. |
| MRS SCOTT | What did you do? |
| MISS BARTLETT | I left. I thought if I could leave Catherine behind, she would be safe. I thought he would follow me rather than her. |
| MRS SCOTT | And is that, in fact, what happened? |
| MISS BARTLETT | Yes. |
| MRS SCOTT | Where did you go? |
| MISS BARTLETT | I walked around for a while. I tried to lose him. I went to a gallery, I went to the shops. When I finally went home it was nearly dark. He was waiting for me on the steps. I was terrified to see him. He was… very calm about it, almost reassuring. Then he said he wanted to show me something and he took me down the steps to the basement flat. |
| MRS SCOTT | Could you explain what you mean to the court? This is not your flat, is that correct? |
| MISS BARTLETT | No. The basement flat in our building was empty. It was being done up, I think. There was no furniture in it. I don’t think the electricity was switched on. |
| MRS SCOTT | What happened when he took you into the flat? |
| MISS BARTLETT | I’m sorry, I just… |
| MR JUSTICE MCCANN | Miss Bartlett, do you need to take a break? |
| MRS SCOTT | In fact there are just a few more questions, if the witness is able to continue. |
| MISS BARTLETT | I’m alright. I’m sorry. |
| MRS SCOTT | Are you able to tell us what happened when you went into the flat? |
| MISS BARTLETT | He punched me and kicked me. He shouted at me, told me I was stupid over and over again. He told me I didn’t deserve to live. |
| MRS SCOTT | How long did this attack last? |
| MISS BARTLETT | I’m not sure. It felt like a long time. He dragged me into the bathroom. There was a toilet and basin there, and fittings for a shower, but otherwise it was bare. No windows; it was a small room. Then he locked the door behind me. |
| MRS SCOTT | And was that the last time you saw him? |
| MISS BARTLETT | No. He came back some time later. He was wearing gloves. I thought he was going to kill me. |
| MRS SCOTT | Did he attack you again? |
| MISS BARTLETT | No. He told me he was going to find Catherine, said he wanted to sort things out. |
| MRS SCOTT | And what did you think he meant by that? |
| MR NICHOLSON | Your Honour, the witness is being asked for her opinion. |
| MRS SCOTT | Your Honour, I feel that the witness was in a situation where she could have interpreted what was meant by the words spoken by the defendant. |
| MR JUSTICE MCCANN | I understand what you are saying, but I would prefer it if Miss Bartlett were directed to stick to the events in question. Please continue. |
| MRS SCOTT | Mr Brightman came into the room and told you he was going to find Catherine. What happened after that? |
| MISS BARTLETT | He went. He locked the door behind him and he went. He left me there. I tried to get out, I tried banging on the door but nobody could hear me. I couldn’t get out. |
| MRS SCOTT | I believe you were there for four days, is that correct? |
| MISS BARTLETT | Yes. |
| MRS SCOTT | So you had access to water but he left you no food? |
| MISS BARTLETT | No. |
| MRS SCOTT | Thank you. Your Honour, I have no further questions. |
| MR JUSTICE MCCANN | Thank you, Mrs Scott. Ladies and gentlemen, we will take a break at this point. We will reconvene at three o’clock. |
| – CROSS-EXAMINATION – | |
| MR NICHOLSON | Miss Bartlett, how did you and Mr Brightman first meet? |
| MISS BARTLETT | Catherine introduced us. |
| MR NICHOLSON | When you commenced your relationship with Mr Brightman, was he still romantically involved with Miss Bailey? |
| MISS BARTLETT | Yes, but he told me – |
| MR NICHOLSON | Thank you. And you were aware that he was continuing his relationship with Miss Bailey whilst he was also seeing you? |
| MISS BARTLETT | Yes, but – |
| MR NICHOLSON | Would you describe yourself as a truthful person, Miss Bartlett? |
| MISS BARTLETT | Yes, of course. |
| MR NICHOLSON | In 2005, did you give a statement to police concerning your friendship with Miss Bailey? |
| MISS BARTLETT | Yes. |
| MR NICHOLSON | Do you recall stating that in your previous years of friendship with Miss Bailey, you were aware that she had harmed herself by cutting her skin with a knife? |
| MISS BARTLETT | Yes. |
| MR NICHOLSON | Was your statement truthful, Miss Bartlett? |
| MISS BARTLETT | No. |
| MR NICHOLSON | You admit that you lied in a police statement? |
| MRS SCOTT | The witness has already answered that question. |
| MR JUSTICE MCCANN | Mr Nicholson, I must say I’m very concerned about this line of questioning. |
| MR NICHOLSON | Your Honour, I would suggest that there is a point of law that needs to be raised and I would ask for a private hearing. |
| MR JUSTICE MCCANN | Very well. Ladies and gentlemen, at this point we are going to discuss a matter further, and I would ask that you all go to the jury room. I will ask that you are called back in as soon as we are able to continue. Thank you. |
| – The jury departs – | |
| – PRIVATE HEARING – | |
| MR JUSTICE MCCANN | Mrs Scott? |
| MRS SCOTT | I would like to point out that Mr Nicholson is fully aware that there is a second statement made by Miss Bartlett in which she states clearly that she was directed to lie by the defendant. Miss Bartlett has been interviewed under caution about this very matter. |
| MR NICHOLSON | Your Honour, it is clear that Miss Bartlett cannot be relied upon to provide a consistent testimony. That is merely the point I am keen to bring to the attention of the jury. |
| MRS SCOTT | She was terrified of Mr Brightman, Your Honour, I would suggest that she would have made a statement denying her own existence if he had told her to do so. |
| MR JUSTICE MCCANN | Mr Nicholson, my feelings on the matter are that if Miss Bartlett gave a second statement which provided an explanation of why she was untruthful in the first, then that too should be put before the jury. |
| MR NICHOLSON | Very well. |
| MR JUSTICE MCCANN | Thank you, would you please call the jury back? We will continue where we left off. |