Broughton, of Enfield, north London, is on trial at Winchester Crown Court, where he denies manslaughter by gross negligence and supplying the drug.
His barrister, Stephen Kamlish QC, told the jury: “The defence are not calling or giving any evidence.”
The judge, Mr Justice Goose, asked Kamlish of the defendant’s decision: “Is he aware, in not giving evidence himself, that it may be open to the jury to draw such inferences from his failure as may be proper after directions from me?”
Kamlish replied: “He has been advised.”
The case was adjourned until Thursday.