A man accused of supplying MDMA to a woman who later died from taking the drug didn't want to call for help and took steps to hide evidence, the crown alleges.
Joseph Douglas McGirr in court. Photo: STUFF / JOHN KIRK-ANDERSON
Joseph Douglas McGirr pleaded not guilty to two charges of supplying a class-B controlled drug and attempting to pervert the course of justice.
His trial began in the Christchurch District Court this morning, where a large group of his family are in attendance.
The Crown alleges he supplied MDMA to Lauren Mikaila Biddle, 22, at a party at his home on 21 October 2018.
"There was a small impromptu gathering at the defendants home that went horribly, tragically wrong."
McGirr, Biddle and two others had smoked cannabis and were drinking in a spa pool at the home of the accused, the Crown said.
"Later that night one person left leaving Mr McGirr, Ms Biddle and another man there when Mr McGirr prepared three lines of the drug MDMA on a breadboard.
"They all sniffed a line of the crushed drug," the Crown prosecutor said.
The Crown said that a short time later the other man came outside to the spa pool where the defendant and Biddle were.
"Mr McGirr said that Ms Biddle was dead."
The other man shook Biddle, got her out of the spa, tried to take her pulse and began CPR, the Crown said.
"He wanted to call an ambulance but Mr McGirr got mad and didn't want to call for help.
"In frustration the other man put her in his car, reversed up the steep driveway, called 111 and continued CPR."
Despite efforts, Biddle was pronounced dead on the road-side at 1.20am.
The Crown prosecutor said while this was all taking place McGirr went about hiding evidence.
"He grabbed her bag and clothing and threw it over his balcony into a overgrown area below, he then tidied the home getting rid of alcohol bottles and evidence of drug use and put the lid on the spa.
"He then went into the overgrown area with a spade and buried the bag of her belongings under some leaves."
When the police arrived at the property at 2am McGirr was not there but appeared around 3.30am, the prosecution said.
"He was taken to the police station and it was here that he told officers what he had done with her belongings."
Court hears evidence
Guy Higginson began giving evidence this afternoon.
He told the court the group were catching up and relaxing in the spa while drinking and smoking cannabis.
"Earlier in the night we had talked about drugs and Joe said he had some E," Higginson said.
"He came to the spa with a chopping board which had three lines on it and a tube.
"I did a line and then Lauren did one and Joe put it down and I heard him sniff but I physically didn't see him snort it.
"A bit later he came out with more and we did a second line."
He said the next thing he remembered was McGirr saying Biddle was dead.
"I said what the f*** have you given her, I felt like my head was going to explode, my voice sounded like it was coming through a cylinder, I've never felt like that in my life," Higginson said.
"I said again what the f*** did you giver her and he said 'just E, man'."
Higginson said he felt Biddle for a pulse then shook her to get her attention, but she did not respond so he got her out of the spa.
"I took her inside and put her on side and gave her a pat on the back and Joe just said 'she's dead'."
He then attempted CPR and yelled at McGirr to call an ambulance, he said.
"Joe was still sitting in the spa and just said 'she's dead', I said again to call an ambulance and he said 'the police are not coming around here'.
"I can't remember his exact words but he said he didn't want the police at his house and that I had to take her somewhere else.
"I screamed at him 'this is someone's life, Joe'."
Higginson said he put Biddle - who was still unresponsive - in his car and reversed up the steep driveway before calling 111.
"I put her onto the road and continued CPR until emergency services arrived."
Different 'sequence of events'
The defence said another sequence of events occurred that night.
Defence lawyer Rupert Glover put it to Higginson that McGirr was in the spa when Higginson and Biddle were in the kitchen sniffing the drugs - something Higginson denied.
"Don't you think its extremely unusual for a person to sit in a spa and calmly say she's dead? I suggest you're making that up," Glover said.
"I'm not," Higginson said.
Glover said McGirr's sequence of events was that the three were in the spa when he noticed Biddle was unresponsive.
"Mr McGirr will say he was the one who got Ms Biddle out of the spa and started doing CPR on her and then he looked up to find you face down in the water," Glover said.
"Mr McGirr had to stop CPR to get you out of the spa as well."
He also questioned Higginson about parts of the night which were unaccounted for.
"If the other people who had been there left around 9.30pm and emergency services didn't arrive until after 1am, there is a significant amount of time which is unaccounted for and from your own admission, you have lost a bit of the memory from that night," Glover said.
He put it to Higginson that he was at the top of the driveway with Biddle for a while before calling emergency services - something Higginson disagreed with.
The trial before a jury of eight women and four men will hear from 18 witnesses and is expected to last five days.
