Gozitan, 14, cleared of involuntary homicide after freak beach accident

A 14 year-old boy from Gozo has been cleared of the involuntary homicide of his friend who lost his life in a tragic accident while swimming.


James Xuereb died as a result of an incident at Xatt l-Ahmar, Gozo which occurred last July, after his friend landed on his neck while jumping into the water.

Magistrate Joe Mifsud, presiding the Juvenile Court in Gozo, declared the accused innocent of the charges.

Mifsud helx that as a minor under the age of 16, the accused was exempt from criminal responsibility for acts carried out “without mischievous discretion.”

The court was convinced from the evidence that there had been no mischievous discretion in this case.


The magistrate explained to the boy that as the accused was not guilty, the court could not place the boy under a treatment order, but advised that it would be in his interest to continue seeing the court-appointed psychiatrist.

On a visit to the site, the court however also noted the presence of a springboard at the beach which was not covered by the requisite permits. Magistrate Mifsud ordered the MTA to investigate and if necessary, remove the installation.