KUCHING: The Federal Court here on Wednesday (Nov 19) upheld the death sentence against a father convicted of murdering his two-month-old disabled son by slamming the infant onto a sofa nine years ago.
A three-member panel led by Datuk Azizah Nawawi affirmed the High Court’s verdict against Vincent Marcos, 39, after dismissing his final appeal.
The other judges on the panel were Datuk Rhodzariah Bujang and Datuk Azimah Omar.
Reading out the decision, Azizah said the court found no reason to disturb the conviction and sentence.
“After carefully considering the evidence, we are satisfied that the death sentence imposed by the High Court should stand.
“The appellant committed murder under Section 302 of the Penal Code, the gravest of offences. The victim was a two-month-old infant, extremely fragile.
“As a father, the appellant should have protected the baby but instead chose to commit an inhumane act.”
On Aug 2, 2018, the High Court in Bintulu sentenced Vincent to death after finding him guilty of murdering his son in a staff quarters room at a public university between 7pm and 10pm on April 28, 2016.
His appeal to the Court of Appeal was dismissed on April 26, 2022, prompting Wednesday’s final attempt at overturning the sentence.
During the hearing, court-appointed counsel Louis Jarau informed the panel that a representation had been submitted to the Attorney-General’s Chambers seeking exemption from the death penalty under the Abolition of Mandatory Death Penalty Act 2023 (Act 846).
However, deputy public prosecutor Mohd Fuad Abdul Aziz urged the court to maintain the sentence, arguing that the brutality of the crime warranted the ultimate punishment.
“The deceased was a vulnerable two-month-old infant with no means of defending himself.
“He was subjected to cruel and violent actions by the appellant, who showed no remorse when he lifted the baby by the legs and slammed him onto a sofa, causing fatal injuries.
“The appellant showed no mercy to the helpless child so why should mercy be extended to him?” Mohd Fuad argued.
Vincent, who had custody of the child following a divorce, remarried and continued caring for the infant.
However, his behaviour changed after his ex-wife visited the baby, leading him to frequently lock the house out of fear she would take the child away.
His suspicion that his new wife was having an affair also caused frequent arguments.
In March 2016, his wife noticed swelling on the baby’s leg and recalled hearing banging sounds and the child crying earlier that day.
She urged Vincent to take the baby to a clinic, but he refused, opting instead for traditional healing.
On April 28, 2016, the situation escalated when the wife again begged him to seek medical treatment for the unwell child.
Vincent ignored her and, during an argument, threatened to slam the baby while holding him by the legs with the head facing downward.
He later lifted the baby again and slammed him onto a sofa with force, ignoring his wife’s screams.
The following morning, the wife found ants swarming the baby’s lifeless body.
Vincent bathed the child and brought him to hospital, where medical staff confirmed the infant had died more than 24 hours earlier.
A post-mortem revealed head injuries, including subdural bleeding, brain swelling and contusions consistent with forceful blunt impact.
Older fractures to the ribs, clavicle and femur indicated repeated abuse weeks before the fatal incident.
