A psychiatrist was acquitted of the involuntary homicide of a patient who overdosed on the pills he had prescribed to her eight years ago.

The woman had been suffering from depression and went through a serious bout on September 15, 2001, the court heard.

She was taken to hospital and two days later sent home after Anthony Mangion, her psychiatrist for 15 years, examined her and gave her a prescription of six pills a day for 15 days.

The day she was discharged, at about 11.30 a.m., her son called his father and said that his mother had swallowed about 90 pills. They took her to Mount Carmel Hospital on her insistence but, on arrival, she lost consciousness and was rushed to St Luke's Hospital. She died in intensive care a day later.

During a magisterial inquiry, the woman's husband testified that his wife had a history of overdoses. But Dr Mangion said he did not know her as a patient who took overdoses. This conflicting evidence prompted the inquiring magistrate to order further investigations.

In his judgment yesterday, Magistrate Antonio Mizzi pointed out that such investigations were in fact not carried out. Had the court expert who examined her clinical history, Mario Scerri, found something unusual he would have included it in his report, the magistrate added.

From the evidence produced, there was nothing to suggest that the accused had not acted according to practice or that he had been negligent. The doctor made a diagnosis which, in his view, should not have had any negative effect on his patient.

Police Inspector Alfred Mallia prosecuted. Lawyers Joseph Giglio and Stephen Tonna Lowell appeared for the accused.