Court 'forced' to clear man who bit his wife

A man, who bit his estranged wife on the nose, has been cleared of seriously injuring her after a magistrate ruled that the elements of the one crime with which he had been charged had not been proven.

On clearing the man of seriously injuring his wife, Magistrate Miriam Hayman deplored the man's actions and added that "the fact that the court was forced to clear him in terms of article 218 (under which he was charged) did not mean he was not guilty".

Magistrate Hayman heard the woman explain she had just picked up her daughter from school when suddenly her husband assaulted her and bit her. She explained how she heard her nasal bone "snap in his month" and how he then bit her ear and arm.

The magistrate heard several doctors testify on the nature of the wounds suffered by the woman. Although some of the medical opinions contradicted each other, the dominating opinion was that the victim had not suffered serious injuries having permanent effects.

It resulted that she had suffered a fracture of her nose which healed. For this reason the elements of the offence under which the man had been charged had not been satisfied and he could not be found guilty.

However, the court believed that the man was in fact guilty of injuring his wife and added that his actions towards his wife were nothing more than bullying which did not suit anyone who supposedly lived in a civilised society.

Police Inspector Louise Calleja prosecuted.