Case No. 201901214C4-&-201901215C4
Court of Appeal (Criminal Division)

Case No. 201901214C4-&-201901215C4

Fecha: 18-Ago-2020

The outline chronology

25.Louella arrived at the festival on Saturday 9 September 2017. In two texts at 14.04 that day she informed the appellant that security had taken her drugs, and that she just wanted “that big one”. The appellant replied that he would bring some, and that “Sam T will have them”. The appellant arrived in the early hours of Sunday 10 September, accompanied by his friend Ezra Campbell and another man. 26.At around 16.00 on Sunday 10 September, the appellant, Louella, Ezra Campbell and the other man were in the vicinity of a toastie van on the edge of the festival site. Ezra Campbell observed that the appellant and Louella were giggling and thought that they may have taken some drugs. Thereafter the appellant and Louella indicated that they were going to “the forest”, which Ezra Campbell wrongly thought to be the “Ambient Forest” within the festival site, which later led to confusion when people were trying to find them. 27.In fact, the appellant and Louella made their way to a wood just outside the site. They were last caught on camera at 16.29 as they walked towards it. Inside the wood there were thick brambles, dense undergrowth, and logs. The appellant had his iPhone, but mobile telephone reception was poor, which later caused problems with making and receiving calls and the sequence in which text messages were received and sent. The appellant and Louella ended up about 30 metres into the wood, and thus some 85 metres from a telegraph pole at the edge of the festival site, and some 400 metres (as the crow flies) from the festival medical tent. 28.Thereafter, using his iPhone, the appellant took a number of live photographs of Louella and also videoed her. This was consensual and designed to record her trip. At 17.16 and 17.17 live photos showed Louella sitting on a branch. 29.At 17.53 the appellant began filming the first video, which lasted for just over 50 minutes. The video was later viewed by Dr Morley, who observed that, at the outset, Louella was animated and shouting at the appellant and the world in general. She was aware of the appellant, but not necessarily of her surroundings. She repeated herself a lot. By around 18.03 Louella became more aggressive and began to slap herself. By around 18.13 she developed a screeching quality to her voice. She did not seem to react when the appellant said her name. Finally, by around 18.33, Louella sounded more confused and was slapping her body and legs more frequently. 30.At 18.43 (very shortly after the end of the first video) the appellant began filming another video, which lasted for some two-and-a-half minutes. Dr Morley observed that the appellant and Louella were still in the same positions, and that Louella was still agitated – but now more confused. She was conscious, but not necessarily aware of her surroundings, and was slapping herself almost continually. 31.At 18.47 the appellant tried to ring Louella’s mother. At 18.48 Louella’s mother rang back and there was then a conversation lasting eleven minutes. Louella’s mother described how she could hear Louella in the background, and that she sounded like a wild animal, saying “I don’t trust you; I hate you” to the appellant, who was trying to calm her down. Louella’s mother said that she repeatedly told the appellant to get help for Louella, and to go to the medical tent. The appellant said: “Don’t worry I will look after her”. 32.Immediately after the call Louella’s mother contacted the organisers at festival explaining that she believed her daughter was having a bad trip. That resulted in a search of the “Ambient Forest” and a consequent failure to find Louella and the appellant. In a statement read to the jury a member of staff from the festival said: 33.In the meantime, Louella’s mother and father had set off by car to the festival site at Lulworth. 34.At 19.00 Louella’s brother texted the appellant imploring him to take Louella to the medical tent. He added that she needed to be near a professional. At 19.04 the appellant took a series of live photographs of Louella, who was sitting in the woods shouting incoherently. At 19.07 Louella’s brother telephoned the appellant, who told him that he had supplied Louella with 2C-P and that he had “bumped it up a bit”. At 19.13 Ezra Campbell rang the appellant, who told him to “get the medics” to the forest. At 19.28 Louella’s mother (on route to the festival) rang the appellant. At 19.30 Louella’s brother (who had been in contact with Ezra Campbell) texted the appellant asking him to send his location to Ezra Campbell, who could help. Sunset was at 19.33. 35.At 19.38 Louella’s father texted the appellant, asking him to look after Louella. At 19.54 Louella’s brother texted the appellant asking if he had got her to the medical tent. At 20.09 Louella’s brother texted again, asking how Louella was doing and for the appellant to call him. The appellant tried unsuccessfully to ring Louella’s mother. At 20.11 the appellant tried to call Ezra Campbell and from 20.14 to 20.16 Ezra Campbell tried to call the appellant, all without success. 36.At 20.18 the appellant made a 15 second video of Louella in the dark. There had been a significant deterioration in her condition. She was lying on her back, her head and jaw were moving, and she was making animal like noises, rather than any coherent speech, and was not aware of her surroundings. In his evidence, Professor Deakin said she was seriously unwell and in need of urgent medical care. He did not say that she was at serious and obvious risk of dying. 37.At 20.22 Louella’s mother texted the appellant imploring him to message her that Louella was all right. At 20.23 the appellant responded in an incoherent text which was the result of predictive text. At 20.24 Louella’s mother texted again, asking for the location of Louella and the appellant. At 20.25 Ezra Campbell texted the appellant to say that Louella’s mother was coming to get her, and at 20.26 the appellant replied in two texts: “Na, say cool off” and “Send med tho”. At 20.29 the appellant sent a Google map pin of his location to Ezra Campbell, and the message “See me on Google Maps!”. Ezra Campbell replied asking what the pin was, and the appellant explained that it was where they were. Ezra Campbell replied again at 20.34, saying that he had not got Google Maps on his phone. 38.At 20.45 the appellant made a 2 minute 55 second audio recording in which he could be heard calling out to Louella, asking whether she could hear him and telling her to stop eating thorns (brambles), because she was just going to cut herself in the process. Louella was groaning and moaning and was not responding to the appellant. She appeared to lack any coherent awareness of her surroundings. 39.At 20.49/20.50 the appellant sent Ezra Campbell a series of texts: “If u could go … G send meds … To that location”, to which Ezra Campbell replied in two texts: “I don’t have google maps” and “Can’t download it don’t let me see it”. At 20.52 and 20.53 the appellant replied in two texts: “I can’t get bagged” (i.e. arrested) and “Ukno Feds on them tings round here”. Ezra Campbell replied at 20.55: “Fam just act like you don’t know her”, and there was then a two minute call between the two of them, during which the appellant tried to explain where they were, but the only landmark that Ezra Campbell was able to glean was barbed wire at the edge of the wood. 40.Louella’s sister texted the appellant asking him to let her know that Louella was ok, and at 20.54 Louella’s mother texted the appellant imploring him to let her know whether he had got to a medical tent. At 20.58 Louella’s father also texted to ask whether the appellant had got Louella to a medical tent. Then at 21.04 Ezra Campbell texted the appellant and told him that the medics were coming to the Ambient Forest (where, as indicated above, he had erroneously assumed from the outset that the appellant and Louella had gone). 41.At 21.07 the appellant sent an audio recording of Louella to Ezra Campbell and then, between 21.09 and 21.13, took some live photographs of her which showed the top of her forehead and nose. There were scratches on both that had not been present in the first video and she was still making unintelligible noises as he tried to rouse her. Having eventually received the audio recording, Ezra Campbell texted the appellant at 21.17 saying: “Just get to the ambient forest bruv”, then “If it’s that urgent there’s nothing else I can do” and then “It sounds bad though g WTF”. 42.At 21.22 Louella’s brother texted the appellant asking if there was any news, and at 21.46 Ezra Campbell asked him whether he was with the medics yet. At 22.16 Louella’s mother texted Louella, imploring her to let the family know that she was OK. At 22.30 the appellant sent two texts to Ezra Campbell saying: “She just kooled Down” and “So Ima carry her”, followed at 22.31 by “If the fam ask say a ra don have us 2cb”. At 22.32 the appellant recorded a note on his phone which read: “She layed benive wit. ME, nettles n thorns, Enteral bled, we’re her Heart was torn.” At 22.41 and 22.42 the appellant took more live photographs of Louella which showed that her hands were covered in scratches which had not been present in the first video that he had recorded, that she was still making unintelligible sounds, and that her condition appeared to be deteriorating. 43.At 22.45 the appellant sent Ezra Campbell a series of texts repeating things he had said a little earlier: “It’s prohibited off .. Ima try carry her If the fam say … say a random gave her 2cb”. 44.In the period from 22.47 to 22.56 the appellant was variously in contact with Louella’s brother and father – indicating that he was going to carry her down (as others could not find them); that she would be fine; that they would sleep it off “after meds deal did herself”; that he would make sure that she got medical help; and that he did not want to leave her. Thereafter the appellant sent his pin location to Louella’s mother – though again there were problems in opening it after receipt. At 23.2023.24 Louella’s father texted the appellant telling him that he and Louella’s mother had arrived at the White Gate and to send the Google Maps location to him – which the appellant later did. Thereafter, another search began. 45.At 23.24 and 23.25 the appellant took more live photographs of Louella. She was lying down and covered by a black coat. Professor Deakin considered that she was most likely dead in the 23.25 photograph. 46.At around 23.30-23.45 the appellant emerged from the wood and told the two guards that he encountered that his girlfriend (who was in the wood) had taken an overdose. They had torches and accompanied him back into the wood but were unable to find Louella at that stage. The appellant continued to search alone, but without success. However, Louella’s body was eventually found at 00.59 on 11 September 2017. She was lying on her back, with her head on her chest, and had scratches and bruises to the body. Empty packaging for Valium, and a small bag containing 218mgs of ketamine, were recovered from her outer clothing which was discarded nearby. The lights at the adjacent festival site were readily visible from where she was.