A 27-year-old man from Balzan was cleared of charges of heroin trafficking and causing the death, through negligence, of a 24-year-old man by overdose.

However, the court presided over by Magistrate Jacqueline Padovani, jailed David Leon Madden for six months and fined him Lm500 after he pleaded guilty to trafficking and being in possession of cannabis resin and possession of heroin, marijuana and LSD on 2 August 2000 and before.

Madden had pleaded not guilty to heroin trafficking and causing the death of Jason Sammut on 2 August 2000.

In his testimony, Madden explained that he was close friends with the victim and knew him for at least 13 years.

He said that on 2 August, he had arranged to meet Mr Sammut and went to pick him up at 7.30pm in Birkirkara. Madden said that both himself and the victim decided to take “a final hit” of heroin that night.

The victim called someone from Madden’s mobile and arranged to meet him at a petrol station in Qormi.

Madden added that Mr Sammut needed to withdraw money from an ATM in Fleur de Lys but decided against it when he saw there was a queue. As a result, they drove to Qormi and Madden paid Lm20 for the drugs.

When they arrived at Mr Sammut’s house, the victim gave one of the packets to Madden who prepared the heroin.

They had decided to inject each other, but Madden said that after Mr Sammut injected the drug, he passed out.

In his testimony, Madden said he did not know what happened and that he woke up sometime later and saw the victim unconscious on a chair.

When he saw that he was not responding, Madden said he tried to awaken him and went to call Mr Sammut’s mother.

The victim’s mother, Carmela Sammut said that she did not know her son made use of drugs and that both men were close friends.

In her testimony, she said that she realised her son was dead as soon as Madden called her and sent Madden out to call a doctor.

In handing down judgement, Magistrate Padovani noted that both Madden and the victim decided to take “a final hit” together and that both decided to buy and consume the drugs together.

As a result, Madden was found not guilty of heroin trafficking.

Furthermore, the court added, the main agent behind Mr Sammut’s death was himself, as it was his decision to buy and consume heroin.

Police Superintendent Neil Harrison and inspector Simon Galea prosecuted while Dr Jose Herrera and Dr Roberto Montalto appeared for the accused.