A husband was acquitted of domestic violence due to lack of evidence even though the cruel way he treated his wife “most likely contributed to her death”.

His course of conduct most likely contributed to her death

The middle-aged woman, Maria Dolores Pace, died shortly after allegedly being punched in the face by her 63-year-old husband, Joseph, on July 11, 2008 after going through an “ever deteriorating marriage”.

An autopsy showed that she had died from heart disease and congestive heart failure but no signs of violence had been found on the body.

Forensic pathologist Mario Scerri said that it was possible that the final argument she had with her husband caused her stress and could have contributed to her death.

Lawyer Joseph Brincat testified that he knew the victim well and was also aware of her ever-deteriorating marriage. In fact, he had handled her separation case.

The most serious fights between the couple were always over money because whenever she received her social welfare cheque Mr Pace, of Marsa, would demand it and deny her any cash.

Neighbours would feed her and even give her money to live on, Dr Brincat said, adding that about a year and a half before she died she also knocked at his door asking for money.

In the judgment, Magistrate Miriam Hayman said that the case had begun with Mr Pace’s “course of conduct” towards his wife being examined and which most likely contributed to her death.

Although Dr Brincat’s evidence demonstrated the very negative behaviour of the accused, he was referring to incidents a year and a half before her death when the charge brought against Mr Pace referred to a completely different period.

Although the court was certain that his behaviour was punishable, no evidence linked Mr Pace to the date mentioned in the charge and, therefore, he had to be acquitted, the magistrate said.