Latest News

Winnipeg Free Press - ONLINE EDITION

Winnipeg woman acquitted in husband's fatal stabbing

By: Mike McIntyre

Posted: 08/11/2009 1:38 PM | Comments: 0 (including replies)

WINNIPEG - A Winnipeg woman has been found not guilty of fatally stabbing her husband following years of alleged abuse.

Virginia Hernando was acquitted of manslaughter today in an unusual case that justice officials believe will have far-reaching implications.

Related Items

Articles

Hernando, 61, said she accidentally stuck a paring knife into her husband, Alejandro, puncturing his heart, during a heated September 2006 dispute inside the couple's Fort Garry home. She said she grabbed the weapon in self-defence.

Her trial began this past spring. Queen’s Bench Justice Glenn Joyal reserved his verdict after hearing a week of evidence.

Crown attorney Rekha Malaviya had argued the dockets are filled with "hundreds of domestic abuse cases" and said Hernando's actions can't be condoned.

"Abuse is so prevalent in our society. It can't be that this is a defence that can be forwarded in a vast majority of these cases," Malaviya said during closing arguments.

"She excuses her dangerous behaviour by suggesting it was defensive or protective," Malaviya said.

Hernando's lawyers said their client feared for her life and had no choice but to react.

"You have to consider the 37-year history of this marriage and the almost 37-year history of abuse the accused suffered at the hands of the deceased," lawyer Gerri Wiebe said. "There was no escape, no avoidance of his attack on the night in question."

Hernando testified in her own defence, telling the court about years of verbal, physical and sexual abuse from Alejandro.

"I loved him. My dream was for us to grow old together," she said. She met her husband when both were teenagers living in the Philippines. They eloped in 1969, then immigrated to Canada in 1977. The couple has four children and three grandchildren.

Hernando said their relationship soured when her husband began drinking heavily.

"He would verbally abuse me, sometimes he would beat me," she said. "He would pull my hair... one time he burned me with a lit cigarette."

Alejandro also began demanding sex from her and had an affair with another woman, she said.

On the night of the killing, the couple had been arguing over money. Alejandro wanted to send money to a sick relative in the Philippines, but Hernando said they didn't have the funds.

mike.mcintyre@freepress.mb.ca

(You must be logged in to post your reaction)

Your reaction?

More Latest News

Undock

You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is register and/or login and you can join the conversation and give your feedback.

The Winnipeg Free Press does not necessarily endorse any of the views posted. By submitting your comment, you agree to our Terms and Conditions. These terms were revised effective April 16, 2010; View the changes. New to commenting? Check out our Frequently Asked Questions.