An addict was yesterday cleared of supplying a lethal dose of heroin to a friend who died of an overdose but was imprisoned for trafficking the drug.

Valletta resident Mario Buhagiar, 47, was jailed for 11 months and fined €1,250 after he was found guilty of heroin trafficking.

Mr Buhagiar had been arrested in connection with the heroin overdose death of 36-year-old addict Joseph Raymond Christie on January 13, 2005. He had been found dead in his Msida home with drug paraphernalia close to the corpse. Police investigations found that Mr Christie had been in contact with the accused the day before his death. The link was made when investigators examined the mobile phone of the deceased, noticing that he had contacted the accused, known as il-Ħassu, the previous day.

When Drug Squad policemen turned up at Mr Buhagiar’s house, they found drugs and various items related to drug abuse.

He immediately admitted possession of heroin but insisted it was for his personal use. He also said he had supplied Mr Christie with a sachet of heroin a few days earlier.

Magistrate Natasha Galea Sciberras noted that although Mr Buhagiar admitted he had supplied drugs to Mr Christie, the prosecution had failed to produce evidence linking him to the fatal dose.

It was for this reason that she cleared him of the charge related to the overdose death but found him guilty of drug possession and trafficking.

The court noted that Mr Buhagiar had a long criminal history and had been jailed six times for crimes ranging from aggravated theft and voluntary damage to possession of heroin.

The magistrate also found him guilty of committing the offence during a nine-month conditional discharge.

Apart from the jail term, Mr Buhagiar was fined €1,250.

Assistant Police Commissioner Norbert Ciappara prosecuted.

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