A three-member bench chaired by Justice Hanipah Farikullah said the trial judge did not err in law or facts when finding Hazmi Majid, 41, guilty of the charge.

“There is no error and miscarriage of justice that warrants appellate intervention,” said Hanipah, who sat with Justices Ahmad Nazfy Yasin and See Mee Chun.

Dismissing Hazmi’s appeal, Hanipah said the injuries inflicted on the baby were sufficient to cause death.

She said the trial judge also applied the correct burden of proof when convicting Hazmi.

Hanipah said the trial judge had properly considered Hazmi’s defence of intoxication but dismissed it as he had voluntarily consumed shabu before committing the crime.

Hazmi, who is also the husband of the victim’s babysitter, committed the offence at an apartment unit in Bandar Baru Bangi on Nov 7, 2018.

The media had reported that the baby died after two days of being in critical condition at Serdang Hospital, Selangor. She was believed to have been physically and sexually abused.

The baby’s mother was earlier informed by the couple that the child had choked on a piece of apple and taken to hospital.

However, further medical examination found that she had tears on her hymen and anus.

The post-mortem report stated the cause of death as blunt force trauma to the head and skull.

Earlier, court-assigned lawyer T Vijayandran submitted that pathologist Dr Emizan Mohamadon had testified that the injuries were “only likely to cause death”.

He contended that the prosecution had not established that the accused had knowledge that his actions would give rise to a murder.

“At best, the accused’s act (can only amount to) culpable homicide not amounting to murder,” the lawyer said.

Deputy public prosecutor Parvin Hameedah Natchiar submitted that the trial judge had made a finding of guilt after evaluating all evidence by prosecution witnesses as against the defence.

Parvin was assisted by DPP Khairul Aisamuddin Abdul Rahman.