Louella Fletcher-Michie trial: Jury reminded how Ceon Broughton filmed girlfriend as she died from drug overdose at Bestival
Trial due to finish on Wednesday as jury begin deliberations
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The jury in the trial of Ceon Broughton, the man accused of manslaughter over the drug overdose death of Louella Fletcher-Michie at a music festival, will shortly begin their deliberations.
Mr Broughton’s barrister, Stephen Kamlish QC, urged the jury on Tuesday morning in his closing statement not to seek “vengeance” over Ms Fletcher-Michie’s death at Bestival in September 2017.
The court heard during the course of the trial how the 29-year-old filmed his on-off girlfriend as she overdosed on class A substance 2-CP at the music event the night before her 25th birthday.
Mr Broughton denies any wrongdoing.
On the final day of testimony, the jury were reminded by the judge how Mr Broughton filmed his dying girlfriend for 50 mins as she suffered from the overdose.
The prosecution claim he supplied the drugs to Ms Fletcher-Michie and should have organised medical help as soon as he realised she was struggling.
But Mr Kamlish told the jury they should not see the case in hindsight.
"If you think ‘morally wrong’; ‘he should have done more’ and ‘if he gave the drugs, he should pay’; ‘he should not have been thinking of himself’ … We all think those things, all of us normal people, including Ceon – now, in hindsight.
“But that is not the basis on which you should decide this case, [although] it is tempting to do so.”
Mr Broughton had realised just how ill Ms Fletcher-Michie was and his video showed not that he was callous or indifferent, but unaware how close to death the 24-year-old was.
The jury heard how Mr Broughton had tried to get help, telling another friend at Bestival where the pair were.
But the judge also reminded them how he had spoken with Ms Fletcher-Michie's mother and brother on the phone during the evening, who pleaded with him to take her to the medical tent.
Despite being just 400m from the medical tent, Mr Broughton did not take her to professional help.
Instead, he continued filming as his girlfriend gradually died over several hours, during which she became incoherent and even screamed "like a wild animal".
Mr Broughton is charged with gross negligence manslaughter and supplying a Class A drug.
If found guilty and sentenced to the maximum possible term of imprisonment, he could face 18 years in jail.
To read updates from the trial as it happened, see our live coverage below:
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A bag of powder labelled 2C-P that was found behind Broughton's mobile, Mr Kamlish says, was old.
The lawyer tells the jury that Broughton had forgotten about the bag. It wasn't what he gave Louella.
Broughton, Mr Kamlish said, told police that "It must have been from a long time ago. He must have forgotten about it."
Broughton, Mr Kamlish said, told police, "You can test her blood. You will find the stuff in the bag isn't the same as what's in either my or Louella's blood."
Mr Kamlish tells the jury: "That indicates that he didn't give Louella anything."
Broughton, Mr Kamlish says, had actually lost his own drugs at the festival.
By law, Mr Kamlish says, the manslaughter charge had to be viewed in the context of the defendant's age and experience.
"The second word, 'experience'," says Mr Kamlish, "Is the key word.
Mr Kamlish tells the jury as they watch the videos filmed by Broughton, "You may think, 'look, she's getting worse. Why didn't you do more?'
"We have all thought that in this case.
"But there is a difference between obvious risk of death and worrying about someone's ill health."
In this context, Mr Kamlish reminds the jury: "Nobody had ever died from taking 2C-P in the past.
"The prosecution evidence that this is a relatively new drug is wrong. It was invented in 1974 and it has been controlled as a Class A drug for many years in this country.
"And the fact that nobody has ever died is obviously going to be known to people of the defendant's age and experience.
"Because when people die from drugs - as in this case - there is a media storm. In this case there is an international media storm."
Therefore, argues Mr Kamlish, the absence of previous 2C-P drug deaths meant "He, the experienced drug user, didn't think she was going to die."
Mr Kamlish urges the jury: "Please be careful about just using what you see in the video, and the fact she died, and using hindsight."
The sound of crying can be heard from the public gallery as Mr Kamlish continues giving his speech.
He tells the jury to be careful about believing prosecution medical experts who said Louella had a high chance of survival if she had received early medical treatment.
Mr Kamlish tells the jurors: "All the experts in this case have been sloppy. They had to do their research on Google."
He insists: "You have to be sure that getting medical attention earlier would have made a difference. If you can't be sure, however morally responsible, he is not criminally responsible."
The jury is now back in court. The judge, The Honourable Mr Justice Goose is about to address the jurors on a question that they passed to him in a note about drug quantities in Louella's blood as presented to the court by a forensic toxicologist.
He says they will hear again how Mr Kamlish interprets the evidence
Mr Kamlish is now turning to the evidence of medical expert Professor Charles Deakin that Louella would have stood a 90 per cent chance of survival if she had received early medical help.
He questions whether there might actually be some doubt about that figure.
"You need to be sure," Mr Kamlish tells the jury.
He quotes Prof Deakin as having written: 'In view of the lack of previous documented deaths from 2C-P ... it is not possible to state beyond reasonable doubt that earlier medical intervention would have been able to save her life once she had ingested 2C-P."
Mr Kamlish tells the jury: "There is a possibility - as Prof Deakin himself acknowledges - that she might have taken so much that it might not have been possible to save her.
"It goes on [if that is the case] that Ceon can't be held liable."