PUTRAJAYA, March 1 — The Court of Appeal today upheld the death sentence imposed on a former barber for murdering an 11-month-old baby girl five years ago.
A three-member bench led by Judge Datuk Hanipah Farikullah unanimously rejected the appeal by Hazmi Majid, 41, as the trial judge did not make any error in fact and law to find the appellant guilty of the charge.
“The injuries inflicted on the baby are sufficient in the ordinary course of nature to cause death.
“We find the verdict of the (High Court) judge to be safe based on the entire evidence. As such, the appeal is dismissed and the conviction upheld,” said Justice Hanipah, who sat with Justices Datuk Wira Ahmad Nasfy Yasin and Datuk See Mee Chun.
Hazmi was found guilty of the offence by the Shah Alam High Court on August 20, 2021.
Hazmi, who is the husband of the victim’s babysitter, was charged with killing and causing the death of Nur Muazara Ulfa Mohammad Zainal or Zara at a unit in Sri Cempaka Apartment, Jalan 6/3, Section 16, Bandar Baru Bangi, between 10.30am and 1.30pm, on November 7, 2018.
The charge, under Section 302 of the Penal Code, provides for the death penalty.
Earlier today, lawyer T. Vijayandran, who represented the appellant, submitted that the trial judge failed to make an express finding as to whether the fatal injury found on the victim’s body was intentionally inflicted by the appellant.
“Prosecution witness (PW5) and pathologist Dr Emizam Mohamadon had testified that the cause of death was due to blunt impact to the head and described the said injury as serious and likely to result in death.
“The prosecution did not prove a higher mens rea (intention of knowledge) that the act amounted to murder,” said the lawyer.
Deputy public prosecutor Parvin Hameedah Mohd Khaja submitted that the trial judge made a finding of guilt after evaluating all evidence by prosecution witnesses as against the defence.
"The pathologist testified that the injuries were new and had happened within three days. He also explained that the injuries were not self-inflicted and could not be caused by a fall.
“We also submit that the evidence of the pathologist clearly shows that the injuries brought onto the victim baby were extremely serious and were sufficient in the ordinary course of nature to cause death.
“The High Court judge did not make any error in fact and law in finding the appellant guilty,” said Parvin Hameedah, who was assisted by Khairul Aisamuddin Abdul Rahman.
— Bernama
