Daily Record

Judges say fatality was not manslaught­er but tragic accident

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BY JON HEBDITCH ruling, Lord Burnett said the expert evidence on the likelihood of Louella’s chances of survival had she received treatment sooner was “not capable of establishi­ng causation to the criminal standard”.

He added: “In respectful disagreeme­nt with the judge, we conclude that the appellant’s main argument, that the case should have been withdrawn from the jury, is establishe­d.

“Taken at its highest, the evidence adduced by the prosecutio­n was incapable of proving causation to the criminal standard of proof.

“The appeal against conviction for manslaught­er must be allowed.”

Seven years of Broughton’s sentence was for the manslaught­er conviction, and the Court of Appeal has not ordered a retrial.

Broughton was also found guilty of supplying Louella with 2-CP at the festival. That conviction stands.

He previously admitted supplying drugs to Louella at Glastonbur­y festival, in June 2017, and was in breach of a suspended prison sentence imposed for possessing a lock knife and a Stanley knife blade.

After the hearing, Broughton’s lawyers said he remains “devastated” by Louella’s death.

In a statement, they said: “The Court of Appeal has today found that Louella’s death occurred not as a result of criminal negligence but was instead a tragic accident.

“Ceon remains devastated by her death.

“He has always wished that he could have done more to save her.

“He loved Louella and she him, but he knows that no words will ever be sufficient to convey his sense of responsibi­lity for what happened or to begin to remove the pain that others have been caused.”

A representa­tive for John Michie declined to comment.

BROUGHTON’S LAWYERS FOLLOWING THE RULING

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