Court overturns 10-year sentence of defendant in pregnant wife shooting case

AMMAN — The Court of Cassation overturned an October 2017 Criminal Court ruling, sentencing a man to 10 years in prison after convicting him of killing his unborn child and attempting to murder his pregnant wife in November 2015.

The Criminal Court declared the defendant guilty of attempting to murder his pregnant wife and of killing her seven-month-old foetus and handed him the maximum punishment.

However, the higher court ruled that the “the defendant’s action of shooting his pregnant wife does not constitute a life-threatening situation and that what he did should be considered as a severe assault charge”.

“The defendant was arguing with his wife and when he drew the gun and he did not intend to kill her,” the higher court ruled.

The higher court also ruled that “improper arrest procedures were implemented by the authorities that the Criminal Court needs to review”.

Court papers said the victim and the defendant had a heated argument three months before the incident.

As a result, the court maintained, the victim left her husband’s home and returned to her family’s house.

“The defendant was enraged and decided to head to his in-laws home to retrieve his wife,” court documents said.

The defendants attempted to enter the house but was unable to do so, “because his sister in-law pushed the door in his face”, the court papers said.

“The husband drew a gun and pushed his hand inside the house and started firing randomly striking his wife in the stomach,” according to court transcripts.

A single bullet penetrated his wife’s stomach killing the foetus instantly, the court papers added.

The Court of Cassation judges were Mohammad Ibrahim, Naji Zu’bi, Majid Azab, Yassin Abdullat and Nayef Samarat.