Cleared of friend's manslaughter

A man has been jailed for six months and fined Lm500 for trafficking in cannabis and possessing other drugs but was cleared of the manslaughter of his friend, who died of a heroin overdose six years ago.

The man, now 27, had been charged with trafficking in heroin and involuntarily causing the death of his 24-year-old friend Jason Sammut on August 2, 2000.

He was also charged with trafficking in cannabis and the possession of heroin and LSD.

He pleaded not guilty to trafficking in heroin and to manslaughter but admitted to the other charges.

Magistrate Jacqueline Padovani heard how on August 2, 2000, the man, then 20, went to his friend's house. While there the two told Mr Sammut's mother they were going out for a while to withdraw money from an ATM but instead they went to buy Lm20 worth of heroin.

They returned to Mr Sammut's room where they were to have heroin for one last time. The accused prepared the drug and Mr Sammut injected him.

He was meant to inject his friend back but he passed out and he didn't. After he lost consciousness, Mr Sammut must have injected himself with the drug.

Some time later the accused woke up and saw that his friend too had passed out. He hid the syringes and called Mr Sammut's mother into the room. She opened the door to find her son dead.

The magistrate cleared him of manslaughter as she ruled that Mr Sammut was responsible for his own death, apart from the person who sold him the drugs.

On handing down judgment, she noted that the accused had fully cooperated with the police and helped them identify the person who sold the drugs to him and his late friend.

Police Superintendent Neil Harrison and Inspector Simon Galea prosecuted. Lawyers José Herrera and Roberto Montalto were defence counsel.