Two men have been ordered to pay almost €200,000 in damages to the heirs of a young man who died after ingesting Ecstasy before going to a party in 1998.
The men, Joseph Farrugia and Joseph Scicluna, had sold the victim Ecstasy.
In a judgement on a court case filed by Francis and Lourdes Schembri and their children Rodrick and Rita against Josef Farrugia and Joseph Scicluna, the court, however, exonerated the owners of the "Gianpula" nightclub where the party took place, and the organiser of the party from all liability for the death.
Mr and Mrs Schembri told the court that their son, Sammy Schembri, had collapsed while on the dance floor at Gianpula In November 1998. He was taken to hospital but died on the way. At the time he was 22 years old.
It resulted that Sammy Schembri had died as a result of having taken Ecstasy bought from Josef Farrugia who, in turn, had bought the drug from Joseph Scicluna.
The family requested the court to find defendants liable towards them in damages.
Madam Justice Anna Felice heard that Sammy Schembri, together with two of his friends, had decided to buy and ingest Ecstasy before going to the party at Gianpula. They had taken the drug in the car on their way to the party. Sammy Schembri then died as a result of the drug he had taken.
In its judgement the court exonerated the owners of Gianpula and the party organiser from any responsibility for the death particularly in view of the fact that Mr Schembri and his friends had taken the drug before going to the party.
It resulted that the police had inspected Gianpula before the party took place and were satisfied that there were water fountains and a medical team on site.
The court also exonerated Mr Schembri's two friends from responsibility for the death. Madam Justice Felice said that Johann and Hubert Mifsud had taken Ecstasy with Mr Schembri, but no evidence had been produced to show that they bore any blame for his death.
On the other hand the court found that Josef Farrugia, who had sold the drug to Mr Schembri, and Joseph Scicluna who had in turn sold the Ecstasy to Mr Farrugia, were responsible for Mr Schembri's death.
But the court also found that Mr Schembri bore some responsibility for the actions which had led to his death for he had voluntarily purchased and ingested an illegal drug which was known to be potentially dangerous.
The court found that the damages resulting from Mr Schembri's death amounted to €289,625. Mr Schembri was found to bear one-third responsibility for what had occurred. Mr Farrugia and Mr Scicluna were ordered to pay his heirs €96,542 each in damages.