An inmate's right to life was violated when he was administered a methadone overdose while in prison, the Constitutional Court ruled as it awarded his sole remaining heir €5,000 as non-pecuniary damage.

The Court, presided by Madam Justice Lorraine Schembri Orland, also accepted plaintiff’s argument that, in such similar cases, the principle should be that non-pecuniary damages should be incorporated within the Civil Code so that the ordinary courts would be in a position to award both material and non-material damages without the need for Constitutional proceedings. 

The case was filed by inmate Carlos Chetcuti’s aunt Jane Agius. Mr Chetcuti was 25 when he died in February 1995.

He was given methadone as part of his heroin replacement therapy to kick his addiction, but received a 40cc dose instead of the usual 20cc.

The prison authorities consistently denied responsibility for years but in October 2010, following a lawsuit by Mr Chetcuti’s late father, Vince, the courts determined they had been negligent and awarded Mr Chetcuti’s heirs €58,000 in damages.

This was reduced to €38,000 by an appeals court in April’s last year, which found the first figure “excessive”.

Medical experts who testified in the proceedings said that at the time imprisoned drug addicts were given “sporadic and unprofessional” treatment.

No exact records were kept and inmates receiving treatment were not monitored regularly.

A month later, Ms Agius, represented by lawyers David Camilleri and Joseph Gatt, instituted Constitutional proceedings claiming moral damages.

She argued that the State had failed Mr Chetcuti and breached his fundamental right to life when Susan Galea, the assistant psychiatric officer responsible for Mr Chetcuti’s care, followed this flawed procedure highlighted during the previous court case, although she was not given proper training in the effects, use and prescription of methadone before being assigned prison duties.

Madam Justice Schembri Orland ruled that Mr Chetcuti’s could have been avoided with proper care and attention by the director of Prisons and the minister responsible.