A boy was released on bail after pleading not guilty to procuring the near-lethal dose of heroin that resulted in his friend being taken to hospital in critical condition.

The victim died yesterday and police are expected to change the charge to negligent homicide at the next sitting in the case.

The 16-year-old accused from Zejtun, was charged with trafficking heroin and causing serious injuries to another 16-year-old boy through negligence. He was also charged with heroin

possession. The crimes were allegedly committed on and before 25 February 2006.

The victim was found unconscious in a Marsascala flat and was rushed to hospital. Yesterday morning, the court heard that the boy was in critical condition: he then died in the afternoon.

In his request for bail, defence attorney Jose Herrera explained that the boy began experimenting with drugs last summer and unfortunately this time his habit took an ugly turn.

“He could have easily ended up in hospital instead of his friend,” said Dr Herrera noting that both his client and the victim had injected two syringes of heroin on the day in question. “The other boy was unlucky,” he said.

Dr Herrera, assisted by Dr Roberto Montalto, told the court that the boy had told his friend who could sell them the drugs and they then went to buy the drugs together. He explained that once the drug law will be amended to include sharing, such a case would fall under that category.

He said that although his client is being accused of trafficking, he is not a drug trafficker but simply shared the drugs with his friend. Dr Herrera further said that his client had cooperated with police and had named his supplier.

Prosecuting inspector Nadia Lanzon agreed that the boy had cooperated but told the court that the boy had procured drugs for the victim around 10 or 12 times prior to this incident. “He sometimes even injected the drugs for him,” she said.

After hearing all the submissions, presiding magistrate Giovanni Grixti chose to grant the accused bail against a Lm500 personal guarantee. He also ordered him to be placed under house arrest.