Montreal man pleads guilty to murder of unborn child

The mother was rushed to hospital and the child, who in court was referred to only as Baby Ghazi, was delivered by emergency C-section following the July 24, 2017 attack.

After the birth, the baby had a heartbeat for several minutes before succumbing to his injuries.

The boy’s cause of death was attributed to trauma caused by a sharp object “in utero”, but the accused answered affirmatively when Justice Jean-Francois Buffoni confronted him with the fact that “the death of Baby Ghazi occurred after he’d become a human being.”

In the leadup to the trial, prosecutors and defence lawyers had differed on whether the victim was legally considered a living being.

According to the Criminal Code, a child is considered a human being “when it has completely proceeded, in a living state, from the body of its mother,” whether or not it has breathed, has independent circulation or has had its umbilical cord cut. With the guilty pleas, the defence Ghazi intended to mount will not be known.

After a first day of testimony was cut short to allow for discussions in the judge’s chambers, Buffoni announced to the jury Thursday that the Crown had reduced the charges against Ghazi, who fought tears as he pleaded guilty to the two counts.

A day earlier, Ghazi had pleaded not guilty to first-degree murder and attempted murder in the stabbing of his estranged wife, who was 36 weeks pregnant.

The jury had been formed earlier this week and had been expected to sit for a five-week trial.

At the time of the attack, the couple had been married for 12 years and had two children — a girl and a boy — ages 7 and 4.

The children’s identities and that of their mother are protected by a court-ordered publication ban. The mother was present in court on Thursday.

The court heard Ghazi was a consumer of hard drugs and the couple was going through a difficult period. One month earlier, Ghazi was granted bail on a number of conditions, including that he follow addiction therapy and not be present at his wife’s home without her consent.

On July 23, 2017, the woman, believing Ghazi had been taking drugs, ordered him from their apartment. He refused and she called 911 which led him to leave angrily before police arrived.

Ghazi returned several hours later, still angry, and scolded her for calling the police before stabbing her repeatedly. He later surrendered to police.

The second-degree murder conviction comes with an automatic life sentence. The only issue now will be how much time must be served before being eligible for parole. The minimum by law is 10 years.

Prosecutor Chantal Michaud said she was satisfied with the outcome but reserved comment for the sentencing phase to come on Sept. 17.

“All I can say is that our thoughts are with the victim and her children. We hope that what happened today will help her (to move on) and turn the page,” Michaud said.

Neither the Crown nor Ghazi’s lawyers indicated what they’ll seek in terms of parole eligibility.

“We will reserve our observations for that moment,” Michaud said, referring to the court date in less than two weeks.

Ghazi may take the stand at his sentencing hearing, and the Crown said his ex-wife intends to be heard by the court in some fashion.

Sidhartha Banerjee, The Canadian Press

by Canadian Press

Montreal man pleads guilty to murder of unborn child

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