A man was cleared of trafficking heroin after a blood sample from an overdose victim was considered inadmissible by a court because it was taken without consent.

Charlo Cutajar was charged with heroin trafficking and possession after an acquaintance of his, Kristian Ellul, was found unconscious in Marsascala, suffering from an overdose.

After being discharged from hospital, the overdose victim filed a statement alleging that he had gone to the home of the accused to buy heroin, adding that it was Mr Cutajar who injected him with the drug before he fell unconscious due to an opiate overdose.

The accused however denied the allegations, saying that he had not met Mr Ellul on the day in question, but that someone had gone to his house looking for Mr Ellul.

During a search at his home, the police found a burned spoon, which the accused claimed was for his own personal use.

A court expert said that while no fresh puncture parks were found on the overdose victim, traces of opiates were found in blood samples taken from Mr Ellul. The court expert noted that heroin could have been insufflated, rather than injected.

However, because the samples were taken while Mr Ellul was unconscious, therefore without his consent, they were inadmissible as evidence.

Given the charges were not proved beyond reasonable doubt the court cleared Mr Ellul.