Man convicted of daughter's murder to appeal

Tabbasum Mahomed (left) with husband Azees Mahomed (centre) at the High Court at Auckland. Photo / Greg Bowker

A south Auckland man found guilty of murdering his infant daughter has been granted leave to appeal his conviction and sentence.

Azees Mahomed, originally from South Africa, was in 2009 found guilty of murdering 11-week-old Tahani Mahomed as well as two counts of causing her grievous bodily harm and one count of failing to provide the necessaries of life.

He was sentenced to a minimum non-parole period of 17 years for the murder and five years for each of the other three charges.

His wife, Tabbasum, was also found guilty of failing to provide the necessaries of life and sentenced to four years' jail.

Both were to be deported to South Africa on their release.

Their daughter 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.

In a decision released by the Supreme Court today, Mahomed was granted leave to appeal on the grounds of admissibility of some evidence and the adequacy of the judge's comments about it.

Justices Peter Blanchard, John McGrath and William Young dismissed four other appeal points.

- NZPA