Louis Fenech, 41 from Mtarfa, fired two shots at his wife Claire in their Mtarfa garage on 26 April 2001, hitting her once in the leg and another time in the groin.
The man was standing trial for the attempted murder of his wife and yesterday was found not guilty by seven votes to two.
The jury instead found the man guilty of causing his wife grievous bodily harm that led to a permanent injury. The crime was declared a crime of passion.
The accused himself admitted shooting his wife, when he took the stand last Tuesday. ìI did not want her to leave me,î he said. During his testimony, Fenech explained he had found his wifeís car packed with her belongings and he was ready to do anything to stop her from leaving him because he loved her.
In the submissions on punishment, defence attorney Dr Manuel Mallia gave the court reasons why Fenech should not be put behind bars for the crime he committed.
ìThe accused has a clean record, aside from this one incident, and a nine-year-old boy who means the world to him,î said Dr Mallia. As his lawyer spoke these words, Fenech was in tears still looking at his sonís photograph.
Dr Mallia said the man made a mistake, but as the verdict showed, had no murderous intentions. The incident occurred under particular circumstances that have even been understood by the victim.
Both Dr Mallia and Dr Michael Sciriha, who appeared parte civile for Mrs Fenech, said that the victim forgave Fenech for what he had done. They also said the coupleís son should not be traumatised further. ìMrs Fenech does not want revenge,î said Dr Sciriha, ìespecially considering Fenech already paid her Lm21,000 in damages.î
Presiding judge Mr Justice Joseph Galea Debono is due to pass judgement this morning.