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The CPS wanted to offer a caution to TV star Caroline Flack after her arrest for domestic violence but the Met Police pushed for a criminal prosecution, an inquest has heard.
Ms Flack was detained on December 12 last year on suspicion of assaulting her partner Lewis Burton, and was held in police custody while a decision was made on whether she would be charged.
The TV presenter was subsequently charged with assault by beating over the incident, but killed herself at home in north London while awaiting trial.
Lisa Ramsarran, a deputy chief crown prosecutor for the CPS in London North, said police evidence, including bodyworn camera footage from the arrest, witness statements, and a 999 call from Mr Burton, were submitted by the Met for a charging decision.
“The initial prosecutor who considered all of that evidence came to the view, applying the code of crown prosecutors, that there was sufficient evidence to support a charge”, she said.
“But because Caroline had made admissions she determined a caution would be an appropriate disposal.”
Caroline Flack – In pictures
1/42 2019
Caroline Flack as host of Love Island
ITV
2/42 2014
Caroline Flack in Strictly Come Dancing
PA
3/42 2015
Caroline Flack briefly hosting The X Factor
Thames/Syco production for ITV
4/42 2019
Caroline Flack attending the Brit Awards at the O2 Arena, London.
PA
5/42 2019
Caroline Flack and Lewis Burton leaving Bagatelle restaurant after celebrating her 40th Birthday
SplashNews.com
6/42
Caroline Flack attends the Brits Awards 2018 After Party hosted by Warner Music Group, Ciroc and British GQ at Freemasons Hall on February 21, 2018 in London,England.
Dave Benett
7/42 2018
Caroline Flack attending the Brit Awards at the O2 Arena, London.
PA
8/42 2018
Roxie Nafousi and Caroline Flack attend the launch of The Tanqueray No.10 Table at Dalloway Terrace hosted by Gizzi Erskine
Dave Benett
9/42 2018
Caroline Flack attending the National Television Awards held at the O2 Arena, London.
PA
10/42 2017
Caroline Flack attends an intimate dinner hosted by Henry Holland and Andrew Nugent to celebrate the House of Holland Resort 18 collection and Bird In Hand wine collaboration at Carousel London
Dave Benett
11/42 2017
Caroline Flack attending the Fashion Awards held at the Royal Albert Hall, London.
PA
12/42 2017
Caroline Flack arriving at the ITV Gala held at the London Palladium
Getty Images
13/42 2017
Caroline Flack attending the Glamour Women of the Year Awards
PA
14/42 2017
Holly Willoughby and Caroline Flack attend The Warner Music and Ciroc Brit Awards After Party
Dave Benett
15/42 2017
Caroline Flack attends the InStyle EE Rising Star Party ahead of the EE BAFTA Awards at The Ivy Soho Brasserie
Dave Benett
16/42 2017
Caroline Flack attends the National Television Awards cocktail reception at The O2 Arena
Dave Benett
17/42 2017
Scarlett Moffatt and Caroline Flack attend the National Television Awards
Getty Images
18/42 2016
Caroline Flack and Jamie Cullum attend the launch of Help Refugees’ ‘Choose Love’ winter appeal with Jamie Cullum and friends at The Jazz Cafe
Dave Benett
19/42 2016
Caroline Flack host of Love Island
ITV
20/42 2016
Caroline Flack attends the House Of Fraser British Academy Television Awards 2016 at the Royal Festival Hall
Getty Images
21/42 2016
Caroline Flack and Angela Scanlon attend the 21st National Television Awards at The O2 Arena
Dave Benett
22/42 2015
Caroline Flack attends the Cosmopolitan Ultimate Women Of The Year awards at One Mayfair
Dave Benett
23/42 2015
Caroline Flack attending the ITV Gala at the London Palladium.
PA
24/42 2015
Caroline Flack arriving for The Pride of Britain Awards at Grosvenor House, Park Lane, London.
PA
25/42 2015
Caroline Flack at The X Factor Auditrions in Manchester with Olly Murs
Daily Mail
26/42 2015
Caroline Flack attending the X Factor auditions held at Wembley Arena
PA
27/42 2015
Caroline Flack hosting X Factor with Olly Murs
ITV
28/42 2015
Caroline Flack arriving for the Brit Awards at the O2 Arena, London
PA
29/42 2015
Caroline Flack on the catwalk during the Fashion for Relief a charity fashion show
PA
30/42 2014
Pasha Kovalev and Caroline Flack in Strictly Come Dancing
BBC
31/42 2014
Pasha Kovalev and Caroline Flack in Strictly Come Dancing
BBC
32/42 2014
Pasha Kovalev and Caroline Flack in Strictly Come Dancing
BBC
33/42 2014
Pasha Kovalev and Caroline Flack in Strictly Come Dancing
BBC
34/42 2014
Pasha Kovalev and Caroline Flack in Strictly Come Dancing
BBC
35/42 2014
Caroline Flack in Strictly Come Dancing
BBC
36/42 2014
Laura Whitmore and Caroline Flack attend the Glamour Women of the Year Awards in Berkeley Square Gardens
Dave Benett
37/42 2014
The press night performance of “I Can’t Sing! The X Factor Musical” at the London Palladium
Dave Benett
38/42 2014
Oxfam’s Lift Lives for Good campaign
Rankin/PA
39/42 2014
The Brit Awards
Dave Benett
40/42 2013
Caroline Flack attends the Cosmopolitan Ultimate Women of the Year Awards at Victoria & Albert Museum
Getty Images
41/42 2013
The launch of The Vinyl Collection curated by Annie Mac and the AMP 2013 album at W London – Leicester Square
Dave Benett
42/42 2013
Party in Wyld at W London Leicester Square after the NME Awards
Dave Benett
1/42 2019
Caroline Flack as host of Love Island
ITV
2/42 2014
Caroline Flack in Strictly Come Dancing
PA
3/42 2015
Caroline Flack briefly hosting The X Factor
Thames/Syco production for ITV
4/42 2019
Caroline Flack attending the Brit Awards at the O2 Arena, London.
PA
5/42 2019
Caroline Flack and Lewis Burton leaving Bagatelle restaurant after celebrating her 40th Birthday
SplashNews.com
6/42
Caroline Flack attends the Brits Awards 2018 After Party hosted by Warner Music Group, Ciroc and British GQ at Freemasons Hall on February 21, 2018 in London,England.
Dave Benett
7/42 2018
Caroline Flack attending the Brit Awards at the O2 Arena, London.
PA
8/42 2018
Roxie Nafousi and Caroline Flack attend the launch of The Tanqueray No.10 Table at Dalloway Terrace hosted by Gizzi Erskine
Dave Benett
9/42 2018
Caroline Flack attending the National Television Awards held at the O2 Arena, London.
PA
10/42 2017
Caroline Flack attends an intimate dinner hosted by Henry Holland and Andrew Nugent to celebrate the House of Holland Resort 18 collection and Bird In Hand wine collaboration at Carousel London
Dave Benett
11/42 2017
Caroline Flack attending the Fashion Awards held at the Royal Albert Hall, London.
PA
12/42 2017
Caroline Flack arriving at the ITV Gala held at the London Palladium
Getty Images
13/42 2017
Caroline Flack attending the Glamour Women of the Year Awards
PA
14/42 2017
Holly Willoughby and Caroline Flack attend The Warner Music and Ciroc Brit Awards After Party
Dave Benett
15/42 2017
Caroline Flack attends the InStyle EE Rising Star Party ahead of the EE BAFTA Awards at The Ivy Soho Brasserie
Dave Benett
16/42 2017
Caroline Flack attends the National Television Awards cocktail reception at The O2 Arena
Dave Benett
17/42 2017
Scarlett Moffatt and Caroline Flack attend the National Television Awards
Getty Images
18/42 2016
Caroline Flack and Jamie Cullum attend the launch of Help Refugees’ ‘Choose Love’ winter appeal with Jamie Cullum and friends at The Jazz Cafe
Dave Benett
19/42 2016
Caroline Flack host of Love Island
ITV
20/42 2016
Caroline Flack attends the House Of Fraser British Academy Television Awards 2016 at the Royal Festival Hall
Getty Images
21/42 2016
Caroline Flack and Angela Scanlon attend the 21st National Television Awards at The O2 Arena
Dave Benett
22/42 2015
Caroline Flack attends the Cosmopolitan Ultimate Women Of The Year awards at One Mayfair
Dave Benett
23/42 2015
Caroline Flack attending the ITV Gala at the London Palladium.
PA
24/42 2015
Caroline Flack arriving for The Pride of Britain Awards at Grosvenor House, Park Lane, London.
PA
25/42 2015
Caroline Flack at The X Factor Auditrions in Manchester with Olly Murs
Daily Mail
26/42 2015
Caroline Flack attending the X Factor auditions held at Wembley Arena
PA
27/42 2015
Caroline Flack hosting X Factor with Olly Murs
ITV
28/42 2015
Caroline Flack arriving for the Brit Awards at the O2 Arena, London
PA
29/42 2015
Caroline Flack on the catwalk during the Fashion for Relief a charity fashion show
PA
30/42 2014
Pasha Kovalev and Caroline Flack in Strictly Come Dancing
BBC
31/42 2014
Pasha Kovalev and Caroline Flack in Strictly Come Dancing
BBC
32/42 2014
Pasha Kovalev and Caroline Flack in Strictly Come Dancing
BBC
33/42 2014
Pasha Kovalev and Caroline Flack in Strictly Come Dancing
BBC
34/42 2014
Pasha Kovalev and Caroline Flack in Strictly Come Dancing
BBC
35/42 2014
Caroline Flack in Strictly Come Dancing
BBC
36/42 2014
Laura Whitmore and Caroline Flack attend the Glamour Women of the Year Awards in Berkeley Square Gardens
Dave Benett
37/42 2014
The press night performance of “I Can’t Sing! The X Factor Musical” at the London Palladium
Dave Benett
38/42 2014
Oxfam’s Lift Lives for Good campaign
Rankin/PA
39/42 2014
The Brit Awards
Dave Benett
40/42 2013
Caroline Flack attends the Cosmopolitan Ultimate Women of the Year Awards at Victoria & Albert Museum
Getty Images
41/42 2013
The launch of The Vinyl Collection curated by Annie Mac and the AMP 2013 album at W London – Leicester Square
Dave Benett
42/42 2013
Party in Wyld at W London Leicester Square after the NME Awards
Dave Benett
She told the inquest the 999 call including Mr Burton suggesting “he had a cracked head and that Caroline was in effect beating him up and was breaking stuff”, said Ms Ramsarran.
“Also recorded on the call was Mr Burton suggesting Caroline was trying to kill him, and he asked for assistance at the address.”
Detective Inspector Lauren Bateman said she was involved in challenging the CPS’s initial decision, filing an appeal while the Love Island presenter was still in custody.
“I was approached by a colleague dealing with Caroline Flack to appeal a CPS decision not to charge the case and rather offer a caution, which I felt was not appropriate and not the right decision.
“Our involvement was to appeal against the CPS decision.”
Ms Ramsarran said the initial decision not to charge was made on “public interest grounds”, as Ms Flack had accepted responsibility for the injury, but the police disagreed with the assessment.
“She did say she had been reading text messages on his phone which she felt confirmed her suspicious regarding his fidelity”, she said.
“She also had her own mobile phone in her hand while reading those messages. Caroline’s version of events was she had tapped Mr Burton on the leg in an attempt to wake him up. She then did a flicking gesture and made contact with his head at a time when she still had her phone in her hand.
“She said she was surprised after to see there was an injury that was then bleeding.”
She said the police appealed on the grounds that it was not a full admission by Ms Flack in her interview, an object had been used in an attack, and Mr Burton was “vulnerable” at the time as he had been sleeping.
A CPS legal manager allowed the appeal and Ms Flack was charged, being released on bail to attend court just before Christmas.
Asked about the family’s claim that it was wrongly suggested a lamp was used in the attack, Ms Ramsarran said Mr Burton had said he believed a lamp or a desk fan was brandished.
But in police interview, Ms Flack admitted using a mobile phone to strike him.
“That matter was never resolved but the prosecution case was Mr Burton was hit with an object, and it was sufficiently forceful to cause the injury the officers noted at the scen”, Ms Ramsarran added.
She said Mr Burton had “made it clear from the outset” that he would not support a prosecution, but the case was pushed on to trial without him.
Ms Flack’s defence team indicated at the first court hearing that their case was the “force used was not unlawful”, arguing it was actually an accident.
The inquest earlier heard Ms Flack refused to seek medical help after a drug overdose the night before she died over fears a trip to hospital would be leaked to the media.
She was seen by London Ambulance Service paramedics on Valentine’s Day night after she took an overdose of prescription drugs at her home.
Friends of Ms Flack say they pleaded with her to go to hospital over finding her slumped barely conscious on the sofa, but she refused to cooperate with paramedics over publicity fears.
One of the friends, Mollie Grosberg, told the inquest today: “I got very irritated with Caroline, saying ‘you have to go, you need them to look after you’.
“I suggested they would try and keep it a secret that she was there.
“I didn’t think she was in the right mind to be saying whether she could be going or not going.”
Paramedic Kristy Plummer said they wanted her to get further medical assistance, but added: “We had to figure out what the best option was.
“She said she didn’t want to go due to privacy and that the media found out last time.”
Fellow paramedic Tony Rumore said he assessed Ms Flack and believed she was “coherent” and able to know her own mind, saying he had no powers to force someone in their own home to go to hospital.
He and Ms Plummer both told the inquest they had no idea Ms Flack had previously taken drug overdoses, but Ms Grosberg insisted another friend, Louise Teasdale had passed on that information.
“Louise went to let the paramedic in, and when coming up the stairs with the paramedic – I was with Caroline – she gave a brief history of trying to commit suicide before”, she said. “She did tell him.”
Ms Teasdale told the inquest: “I took the opportunity to make him aware there had been suicide attempts in the past, just so they were aware.”
When the paramedics left, they said Ms Flack was being cared for overnight by her friends and a plan had been formed for her to seek mental health advice through her GP the next morning.
“I was very very angry they left”, said Ms Grosberg. “I felt we were just left to deal with this. We are not medical professionals and were told to book an appointment the next day.
“It was the responsibility of the medical professionals to look after her, not to ask her friends to babysit her.”
Mr Rumore, who with his colleague said they did not know Ms Flack as a celebrity, defended his actions that night but said it has been a “massive learning experience”.
He added: “My recollection is we weren’t told there is any past medical history, based on what I’ve got documented at the time.”
The inquest continues tomorrow morning.