Jurors in a Havering manslaughter trial must decide whether the prosecution's star witness is telling the truth or is "a woman scorned", lawyers told them on Thursday morning (February 16).

The jury panel in the trial of Kai Cooper, 19, of Cleve Road in Leatherhead, is due to be sent out to decide his fate later this afternoon.

Prosecutors say he shares responsibility for the death of Josephine Smith, 88, who died from smoke inhalation after a firework was posted through her door on October 28, 2021.  

They claim he encouraged a younger boy – who cannot be named – to post the firework into Mrs Smith's home, in Queens Park Road, Harold Wood. 

Defence barrister Christine Agnew KC told the jury at the Old Bailey that the only witness to that alleged encouragement was Mr Cooper’s ex-girlfriend, Lauren Delossantos, who testified that she had seen and heard him dare the younger boy to post the firework. 

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Ms Agnew repeatedly suggested the witness may have been “a woman scorned”. She had put it to Miss Delossantos last week that she had lied "out of spite".

But prosecutor Heidi Stonecliffe KC rejected that claim, saying Miss Delossantos was carrying Mr Cooper’s baby when she first made the claim in December 2021. She later lost that baby.

By February 2023, Ms Stonecliffe said, Miss Delossantos had a new partner and had given birth to their child weeks before giving evidence. 

“What possible reason could she have to want to damage him gratuitously?” Ms Stonecliffe asked. 

She added that Miss Delossantos had only told police about the alleged dare after she was cleared of any involvement herself. 

“She was free to go,” said Ms Stonecliffe. “She could have walked out of the police station that day and been done with all of it. She’s scot-free... but she chose not to be. 

“She came to court to give evidence and have it tested. Kai Cooper has not.” 

Romford Recorder: A forensic fire investigator testified last week that a firework exploded in Josephine Smith's Romford home, starting a fire in her kitchen which burned through the ceiling into the upstairs. She was found dead from smoke inhalation in her bedA forensic fire investigator testified last week that a firework exploded in Josephine Smith's Romford home, starting a fire in her kitchen which burned through the ceiling into the upstairs. She was found dead from smoke inhalation in her bed (Image: Smith family)

She told jurors that if they felt the prosecution’s case demanded answers from Mr Cooper, they could draw an inference from his decision not to testify. 

“You may conclude that the reason he hasn’t done what Lauren Delossantos did... is because he had no truthful answer to give to the evidence you have seen and heard and that would have withstood scrutiny from you and challenge from me,” she said. 

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But Ms Agnew said that by the time Miss Delossantos gave a full witness statement, in January 2022, there was “the very distinct possibility” that she had “become rather disaffected with Mr Cooper”. 

“Why is that?” she asked. “I don’t know, as I said to you, whether she is a woman scorned. I don’t know what goes through the mind of someone like Lauren Delossantos.” 

But by that time, said Ms Agnew, “She knows that Mr Cooper has got another girlfriend and that he’s expecting a baby with another woman. 

“I can’t stand here and tell you why she lied. I don’t have to know why she’s lying. I don’t know if she’s a woman scorned.” 

But once she had made the claim, said Ms Agnew, “It was impossible to get that genie back in the bottle – because she wasn’t going to be allowed to by officers."

She said police had put "pressure" on Miss Delossantos to make a statement, and then to testify.

“They are not taking no for an answer," she claimed.

Of Mr Cooper’s decision not to give evidence, Ms Agnew asked: "What question could be asked of him on cross-examination which he could not provide an answer for?

“He would simply be disagreeing with Lauren Delossantos and saying she’s not right.” 

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Ms Stonecliffe told jurors they could rely on other evidence for corroboration, such as Mr Cooper being filmed in a fireworks shop that night declaring: “People are going to get terrorised tonight.” 

Ms Stonecliffe described him as “gung-ho and dangerous, leading the charge, setting out what his intention was”. 

But, Ms Agnew countered, “He’s not being serious. He’s messing around. It’s hijinks.” 

“Their case, we suggest, is built on the extremely weak and fragile foundations of Lauren Delossantos,” Ms Agnew said. 

The judge was due to sum up the evidence on Thursday afternoon, before sending out the jury.