A south Auckland couple who were jailed following the death of their 11-week-old daughter have lost their appeal to the Supreme Court over their conviction and sentence.
Azees Mahomed was jailed in December 2009 for life with a non-parole period of 17 years for the murder of the child, Tahani,
and a concurrent five year sentence for failing to provide the necessaries of life and two counts of intentionally causing bodily harm to the child.
His wife, Tabbasum, was also found guilty of failing to provide the necessaries of life and sentenced to four years' jail.
Tahani died on New Year's Day 2008, four days after being admitted to hospital with serious head injuries.
During the trial at the High Court in Auckland, crown prosecutor Phil Hamlin said Tahani's head had been forced violently against a hard, "unforgiving" surface.
Both parents were unable to explain how she was injured.
Tahani was also severely malnourished, having gained just 200g since birth.
Their appeal centred on the admission of evidence that they had left the child alone in their parked van on warm day for some time, about two weeks before the incident which killed her.
The majority of the Supreme Court bench said the evidence should have been excluded, but that in any case the guilty verdicts were inevitable. Two of the five judges held that the evidence was admissible.
The judges were unanimous that the appeals should be dismissed.
The couple are to be deported to South Africa when their prison terms are completed.
- NZPA
