Drug dealer is cleared of giving the fatal dose

A man was yesterday cleared of causing the death of a drug addict after it could not be proven that he had supplied the fatal dose, although he was jailed for four years for trafficking.

Magistrate Miriam Hayman said she had no problem believing that drugs were to blame for the death of 22-year-old Fabio Maugeri but it did not mean that 33-year-old Kevin Borg gave him the last dose.

Mr Maugeri was found dead at his home in Toni Bajada Street, St Paul’s Bay, on January 20, 2010, just nine days after leaving a residential drug rehabilitation programme.

Mr Borg’s phone number was found in Mr Maugeri’s jacket pocket, the court heard. The deceased had also told a friend of his, Gianluca Costa, that if he needed anything he was to phone the accused.

The police carried out a controlled delivery that involved Mr Costa and they arrested Mr Borg.

During a search of his flat, drugs were found and a number of other arrests were carried out when drug users happened to turn up at the flat to buy drugs from Mr Borg, the magistrate noted.

The magistrate said the cause of death was put down to a pulmonary oedema – fluid accumulation in the lungs – while a toxicological report stated that Mr Maugeri also had high levels of morphine in his system. The findings created two problems, the magistrate said. First, it was not proven where the drugs came from.

Secondly, the toxicological report was drawn up abroad and not confirmed on oath, leaving the official cause of death as pulmonary oedema.

Given the lack of evidence before the court, she acquitted Mr Borg of involuntary homicide.

When it came to the drug trafficking charge, the magistrate found him guilty after considering the testimony of a number of witnesses.

She jailed him for four years and fined him €5,000.

Police Inspectors Victor Aquilina and Edmond Cuschieri prosecuted. Lawyers Jose Herrera and Veronique Dalli appeared for Mr Borg.