The aunt of a 25-year-old inmate who died in prison after being given double the methadone dose he needed was awarded €5,000 in moral damages.

The court ruled that Carlos Chetcuti’s right to life was violated because Corradino Correctional Facility did not have an adequate structure in place to administer care to inmates.

Madam Justice Lorraine Schembri Orland, sitting in the First Hall of the Civil Court in its constitutional jurisdiction, upheld the request of Mr Chetcuti’s aunt, Jane Agius, who had filed the case against the Prime Minister, the Home Affairs Minister and the Attorney General.

Mr Chetcuti was 25 when he died in February 1995. He was administered methadone as part of his heroin replacement therapy to kick his addiction but received a 40cc dose instead of the usual 20cc. He died of pulmonary oedema.

The prison authorities denied responsibility for years but, in October 2010, following a lawsuit by Mr Chetcuti’s late father, Vincent, the court determined there had been negligence and awarded Mr Chetcuti’s heirs €58,000 in damages. This was reduced to €38,000 by an appeals court in April last year, which found the first sum “excessive”.

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 the assistant psychiatric officer responsible for his care followed the flawed procedure.

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

She upheld the 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.