A prison doctor was cleared of accidentally causing the death of an inmate as a magistrate concluded he had not acted negligently.

In August 2010, the prisoner, Benny Muscat, 46, used the intercom connecting his cell to the guards on duty to report he was suffering chest pains. He later died of a heart attack.

A guard called the doctor who, in turn, asked about the symptoms and ordered him to keep a constant eye on Mr Muscat, who was serving time for aggravated theft.

After asking the guard a number of questions on the inmate’s condition, the prison doctor prescribed two paracetamol tablets. What the doctor did not know, Magistrate Audrey Demicoli noted, was that the guard was not actually standing near Mr Muscat but was contacting him via the intercom.

He had been treated for the same condition, but never had any problems with his heart

Furthermore, the guard did not follow the doctor’s instructions to keep an eye on the patient.

The day before the inmate died, he had complained of chest pains and told guards he needed to see the doctor. His name was placed on a list of prisoners who would be taken to a clinic the following day.

As the pain had eventually subsided, the next day, at about 2pm, the inmate asked for his name to be struck off the list. At 6.30pm, he suffered heartburn, which was treated accordingly.

Mr Muscat had been treated before for the same condition but he never had any problems with his heart, the magistrate noted.

At about 8.30pm, Mr Muscat used the intercom to contact the guard saying the pain was back and the guard, in turn, called the doctor who issued a prescription. The guard slipped the pills under the cell door and, at 9.15pm, Mr Muscat called the officer again to report that the pain had not subsided. The guard informed the doctor, who said they should allow time for the pills to start working.

About 15 minutes later, Mr Muscat called the guard again to say he was still in pain. When the guard tried to contact him 15 minutes later there was no reply and when guards went to inspect, they found him unconscious, sitting on his bed with his back to the wall.

He was rushed to hospital but was pronounced dead on arrival.

The magistrate banned publication of the name “to protect the doctor’s patients”.

Lawyers Joe Giglio and Louise Pulis appeared for the accused.