Jurors in the trial of a man charged with causing the death of his cousin with a dose of heroin are expected to deliberate today after the prosecution argued the accused knew full well that taking the drug was dangerous for a person on Valium.
John Mifsud, 34, is pleading not guilty to the involuntary homicide of 32-year-old David Spiteri in September 2005 and trafficking in heroin.
In yesterday's sitting, defence lawyer Malcolm Mifsud told jurors that his client had admitted in a police statement to giving the drugs to his cousin because he wanted to protect others, including an alleged supplier, a "Mr Bonett".
Dr Mifsud said that even though his client had made the admission, he was confused at the time and had made a mistake.
The victim died due to a mix of the tranquiliser Valium 5 and heroin, which when taken together enhances the effect of the heroin by five times, pharmacist Mario Mifsud had testified on Monday.
The head of the Prosecution Unit at the Attorney General's Office, Anthony Barbara, held that the accused had known all along about his cousin's use of the pills but decided to go ahead and give him the drugs anyway.
The defence lawyer drew parallels with drinking a cocktail, saying that a cocktail is already mixed when drunk but his client did not give Mr Spiteri the two drugs together. He added that the victim was a heavy drinker and a habitual smack user, and took the two together with the prescribed pills.
The prosecution rebutted these arguments and asked how one could say the victim did not die through the actions of the accused. Mr Mifsud bought the drugs and then gave them to his cousin who later died.
Dr Barbara said that in the police statement, the accused was clear and precise. The alleged supplier did not know that the drugs were meant for someone who took Valium 5, but Mr Mifsud did.
He added that were it not for Mr Mifsud's actions, Mr Spiteri would not have died.
Dr Barbara concluded his arguments by asking: If you knew that the person could not take a lot of drugs because he was taking pills, do you go and give him the drug anyway?