A 40-year-old man, who spent seven years in jail for causing his cousin’s death through a heroin overdose in 2005, has been placed on probation for three years after he admitted to simple drug possession in a different court case.

Magistrate Marse-Ann Farrugia placed John Mifsud, from Cospicua, on probation after he admitted to the simple possession of heroin in April 2005.

He had also been charged with the possession of the drug with the intent to sell it but he vehemently contested that charge.

The magistrate heard how police had been tipped off that drugs were being sold in a Cospicua bar. On arriving there, they arrested Mr Mifsud who was found in the possession of six sachets each containing about 0.08 grams of heroin.

Mr Mifsud insisted that he was a regular drug user and had just bought the heroin for his personal use. Magistrate Farrugia noted that, it was well known that the average heroin dose was of about 0.2 grams. This meant Mr Mifsud had enough heroin for two doses. She also noted that police had not found cash on him when he was arrested.

She cleared him of the possession of the drug with the intent to sell but found him guilty – also following his admission – of simple possession.

The magistrate heard probation officer Ivan Falzon testify that Mr Mifsud had a drug addiction problem and had managed to overcome it with his willpower and the support of Caritas. He had even found a stable job and was doing well.

However, in June 2009, he was jailed for seven years after a jury found him guilty of causing the death of his cousin - 32-year-old David Spiteri in September 2005.

The victim had been found unconscious by his mother after taking a fatal mix of tranquillisers and heroin.

Magistrate Farrugia also noted that Mr Mifsud had a total of five convictions on his record. However, in light of the testimony of the probation officer, she felt he deserved another chance to continue working on the progress he was making before he was jailed. She placed him under the observation of a probation officer for three years.

Assistant Police Commissioner Norbert Ciappara prosecuted.

Lawyers Franco Debono and Marion Camilleri represented Mr Mifsud.