A CORONER has recorded an open verdict on a man who died after using heroin - even though he said it was likely that someone else injected him.
Coroner Michael Oakley told the inquest that, for a verdict of unlawful killing to be recorded, it had to be proved beyond reasonable doubt that Alex Gilbank, 25, from Northallerton, North Yorkshire, was assisted to take the heroin which killed him.
Mr Gilbank, an unemployed welder, of Turker Close, died at his friend Nicholas Eyles' home in Northallerton Road last March, when a group of friends stayed over while his parents were on holiday.
In a statement, Gillian Bell said she was at the house that night. Mr Eyles, her boyfriend, had glazed eyes, but Mr Gilbank looked alright. She saw them heating a spoon and knew they had heroin.
Mr Gilbank called through from the kitchen for Mr Eyles saying: "Nick, you're going to have to do this for me."
Mr Eyles went into the kitchen, and when the men returned they sat down and seemed "out of it". The next day Mr Gilbank was dead.
Detective Sergeant Alan Rose, of Northallerton police, said Mr Eyles had denied any drug-taking took place in the house. The officer said there was not enough evidence to prove Mr Eyles had assisted Mr Gilbank.
Mr Oakley said a post-mortem examination revealed Mr Gilbank died as a result of fatal misuse of heroin.
Recording an open verdict at the Easingwold inquest, he added: "To arrive at a verdict that Mr Gilbank was unlawfully killed, I have to be satisfied beyond reasonable doubt, and there is doubt.
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