PROSECUTORS will not appeal a decision to quash the manslaughter conviction of a rapper who left the daughter of Holby City actor John Michie for dead in a fresh blow for her family.
The CPS had been left stunned at the decision to clear Ceon Broughton, 31, last month and said at the time it was in contact with Louella Fletcher-Michie's family and "considering the next steps".
Judges at the High Court quashed the sentence and said there should not be a retrial for manslaughter over the death of Ms Fletcher-Michie who died after taking 2-CP during Bestival in Dorset in 2017.
Today Karen Harrold, Head of the Appeal & Review Unit at the CPS, said: “After careful consideration of the Court of Appeal judgment in the Ceon Broughton case, the CPS is not taking the matter further.
“The Court of Appeal’s judgment concluded that there was not enough evidence to prove with certainty that the defendant’s failure to call for medical assistance resulted in the death of Ms Fletcher Michie.
“The police and prosecution built the strongest case they could, which included an expert medical witness who said it was significantly likely that with medical intervention Ms Fletcher-Michie would have survived.
“However, the appeal judgment makes it clear that it must be proven with certainty that it was a lack of medical intervention which was the cause of death, and sadly there is no further evidence available to provide the necessary certainty in this case.
“We have met with the family of Ms Fletcher-Michie to explain this decision in full and our thoughts remain with them at this difficult time.”
A source said: "This is just another hammerblow to the family. They were left stunned at the decision to quash the conviction and now this."
"It's a horrific situation for them."
NIGHT OF TRAGEDY
Broughton supplied Louella, 25, with the hallucinogenic 2-CP drug at a festival in 2017, then filmed her overdosing for six hours.
He was jailed for eight-and-a-half years after being convicted of manslaughter by gross negligence.
However High Court judges ruled prosecutors failed to prove Louella could have lived if Broughton had called for help.
Broughton’s original trial heard he had a history of plying girlfriends with drugs then capturing them suffering on his iPhone.
He was also said to have an unhealthy interest in death – with “grotesque” pictures on his phone of dead or dying people.
Broughton was arrested and charged, and shocking clips were shown in court of him filming her while she overdosed.
At one point Broughton turned his iPhone on himself to show him smiling and playing with a fidget spinner toy.
Louella, who was filmed eating thorns, repeatedly shouted for him to call her mum.
When his parents were phoned they heard her distress and drove 130 miles from London to help. However their daughter was already dead when they arrived.
Broughton had previously admitted supplying drugs to her at Glastonbury a few months before.
He was also in breach of a suspended prison term for possessing knives a month earlier.
It is thought the decision to quash Broughton’s conviction could be have been appealed and taken to the Supreme Court.
As he was found guilty last year, the young woman's dad – actor John Michie who stars in Holby City – read out an emotional statement, telling him: "You're evil".
"We began our life sentence on what would have been Louella's 25th birthday.
"Ceon's life sentence is knowing he didn't help Louella to live."
But at the appeal hearing, Broughton's barrister Stephen Kamlish QC argued the conviction was unsafe because prosecutors had "failed to prove" that Miss Fletcher-Michie would have survived had she received treatment by a certain point.
He also argued Broughton's sentence was "excessive" in any event.
He argued: "The Crown cannot prove, now or at trial, that she would have lived had see been treated.
"The appellant was trying to get help. So he cannot be described as criminally grossly negligent."
He said Broughton had felt unable to leave Ms Fletcher-Michie alone, in woods, while she was suffering a "bad trip", and he had not realised she was at risk of death.
The jury at Broughton's trial had found him guilty of manslaughter by gross negligence.
He was also found guilty of supplying Ms Fletcher-Michie with 2C-P at the festival.
Prosecutors told jurors during his trial that Broughton failed to take "reasonable" steps to seek medical help for Ms Fletcher-Michie.
They said he did not get help because he had been handed the suspended jail term a month earlier and feared the consequences.
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