A magistrate ruled that when a pregnant woman threw a stone at her husband injuring him she was acting in self-defence.

Magistrate Jacqueline Padovani disapproved the fact that the man had not been charged after he allegedly attacked his wife who was seven months pregnant.

The 31-year-old woman admitted she had hurled a stone at her estranged husband who had attacked and kicked her on July 9, 2004. He had been hit on his left eyebrow causing a slight laceration. The woman was arraigned and charged with seriously injuring him.

In her judgment, the magistrate noted that during proceedings she had called the man to the Bench to examine the wound but could see nothing. Since there was no scarring, the man was not even sure where he was actually hit.

He had told the police that while driving along December 13 Road in Marsa he saw his wife, who looked like she was loitering for prostitution, and decided to speak to her. An argument ensued and she attacked him.

However, the woman painted a very different picture, saying her married life was full of abuse and violence. On the night in question she had stopped in Marsa to get petrol for her car when her husband turned up and they started arguing. She managed to run to the other side of the road and hid by the Millennium shopping complex but he followed her, beat her up and kicked her, even though she was seven months pregnant. She threw a stone at him in order to protect herself.

The magistrate said she had to consider the context within which the injury took place because the woman had been defending herself while pregnant. The court noted that the man had kicked her repeatedly despite her state and without any care for the baby that was about to be born.

Moreover, the magistrate pointed out that the prosecution had failed to prove that she had seriously injured her husband for a number of reasons but primarily because the doctor who examined the man did not testify.

The magistrate said she had seen the accused and even asked him to approach the Bench and there was nothing on his face to suggest there had been any injury.

Names are not being used to protect the woman's privacy.

Police Inspector Jesmond Borg prosecuted.

Lawyer Ludvic Caruana was defence counsel.

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