Jailed for trafficking but cleared of manslaughter

A Qormi man, described in court as a drug rehabilitation 'success story', was yesterday jailed for two years and fined Lm500 for heroin trafficking but was cleared of the manslaughter of his friend after a magistrate ruled that the prosecution had failed to prove his link to the death.

Alan Camilleri, 26, was found guilty of trafficking in heroin within 100 metres from a school or youth club.

He was however cleared of the manslaughter of Kevin Borg, known as in-Nemes, on September 23, 1996.

Magistrate Jacqueline Padovani-Grima heard how police were informed on that day that Borg was found dead in Camilleri's Qormi flat. It was eventually confirmed that Borg had died of a drug overdose.

During a search of Camilleri's flat police found a copybook, from which papers were torn to make sachets, and empty sachets.

They also found a used syringe, a tablespoon and a knife with drug traces on them, a piece of bloodstained cloth, a lighter with the word "nemes" inscribed on it and citric acid on a dressing table.

Camilleri eventually told police how Borg had gone to his flat that morning with a sachet of heroin and three syringes, and offered some to him.

Borg prepared the heroin in the tablespoon and filled a syringe with 30ml. Camilleri did the same in another syringe.

Camilleri said Borg told him that he had just swallowed a number of Tryptizol, Dalmein and Valium pills and he told him to reduce the amount of heroin to, at least, 15 ml and he did.

Camilleri went downstairs to fill some jerrycans and returned to find Borg unconscious. Camilleri noticed that his friend had taken the 30 ml and had also finished what was left in the tablespoon.

Camilleri then ran to his neighbour, Helen Calleja, for help and they called for the ambulance.

Magistrate Padovani-Grima also heard how Camilleri denied giving Borg heroin but admitted taking drugs since he was a teenager. He also admitted selling drugs to maintain his drug habit but chose not to reveal the name of his supplier.

After evaluating the evidence, the magistrate noted that Camilleri's actions were not "sufficiently proximate to the crime charged," that is, to the cause of Borg's death.

The evidence, she ruled, showed that Borg had taken the heroin to Camilleri's house, that he had prepared it and that he had injected himself. The fact that he used Camilleri's tablespoon and citric acid were remote and marginal to his death.

Borg's death, she added, was not caused by the drug he had taken at Camilleri's flat but by the fatal cocktail he had taken before going to Camilleri's flat, combined with the heroin.

On handing down judgment, the magistrate noted that not only had Camilleri overcome his problem but he also gave talks to addicts to help them. This was a "success story" of rehabilitation.

This, however, did not reduce his criminal responsibility in the eyes of society and the law.

Police Inspectors Neil Harrison and Nicholas Ciappara prosecuted.

Dr Jason Azzopardi appeared for Camilleri.