KUCHING: The Federal Court on Wednesday (Nov 19) upheld the conviction and death sentence on a father found guilty of murdering his two-month-old disabled baby boy by smashing the child's body.
A three-member panel chaired by Chief Judge of Sabah and Sarawak Azizah Nawawi, together with Federal Court Judge Rhodzariah Bujang and Court of Appeal Judge Azimah Omar, unanimously ruled that the High Court and Court of Appeal had made no error in evaluating the overall trial evidence.
Justice Azizah said the testimony of key witnesses, including the appellant's wife, and medical evidence presented by a pathologist, were consistent and supported the finding that Vincent Marcos, 39, had inflicted the fatal injuries on the victim.
According to the facts of the case, the incident occurred on April 28, 2016, when Vincent grabbed the baby's legs before lifting and forcefully smashing the child's body onto a sofa after accusing his wife of infidelity.
The victim became motionless after the impact, but the appellant failed to seek immediate medical treatment despite his wife's pleas. The baby was only brought to the hospital the following morning, by which time he had already died and had ant bites on his body.
The post-mortem report presented in court revealed that the infant suffered severe head injuries, including subdural haemorrhage, brain oedema and contusions, consistent with forceful impact against a blunt surface.
The examination also found several older injuries on the ribs, clavicle and femur, which experts said occurred weeks before the baby's death and were consistent with repeated abuse.
On Aug 2, 2018, the Bintulu High Court convicted Vincent under Section 302 of the Penal Code, while the Court of Appeal on April 26, 2022 upheld the conviction and sentence.
The Court of Appeal ruled that smashing a two-month-old baby with such force was an act that would ordinarily cause serious injury or death, thereby fulfilling the element of intention or knowledge required under the section.
During Wednesday's proceedings, court-appointed counsel Louis Jarau, representing the appellant, informed the court that a representation had been submitted to the Attorney General's Chambers seeking exemption from the death penalty in line with the Abolition of Mandatory Death Penalty Act 2023 (Act 846).
However, Deputy Public Prosecutor Mohd Fuad Abdul Aziz argued that, based on the facts and circumstances of the case, the punishment under Section 302 was the most appropriate.
He also stressed that the appellant had shown no mercy towards a helpless infant. - Bernama
