PUTRAJAYA, July 8 – Taxi driver Mohd Fazli Azri Jamil who was convicted for murdering his girlfriend’s three-year-old daughter, escaped the gallows after the Court of Appeal here today reduced his charge to culpable homicide not amounting to murder.

A three-member panel chaired by Datuk Abdul Malik Ishak, in a unanimous decision, sentenced Mohd Fazli, 31, to 18 years’ jail for causing the death of Syafiah Humaira Sahari.

Justice Abdul Malik held that Mohd Fazli’s conviction for murder was not safe as there was a lingering doubt as to who had caused the injuries on the toddler’s head.

He said the post-mortem report revealed that Syafiah Humaira had suffered injuries on her head and on her stomach.

“We have considered the evidence of the prosecution witnesses and find that it was clear that the injuries on the child’stomach was caused by Mohd Fazli by kicking and stepping on her with his football boots,” he said.

Abdul Malik, however, said there was no evidence to show that the injury to the toddler’s head was caused by Mohd Fazli adding that the High Court judge had failed to consider that issue.

He allowed Mohd Fazli’s appeal to set aside his conviction for murder and substituted it to a charge of culpable homicide not amounting to murder under Section 304 (a) of the Penal Code.

The panel also comprising Justices Datuk Azahar Mohamed and Datuk Mohd Zawawi Salleh ordered Mohd Fazli to serve his jail sentence from the date of his arrest on Feb 26, 2010.

Mohd Fazli was seen wiping his tears when Abdul Malik pronounced the court’s decision.

Earlier, his counsel Gurbachan Singh said Mohd Fazli has regretted his action and he was very sad to see a three-year-old child lose her life.

“It would stay in his conscience forever,” he (Gurbachan) said when mitigating for a lighter jail term.

Deputy Public Prosecutor Saiful Edris Zainuddin however asked the court to impose the maximum jail sentence of 30 years as he said kicking and stepping on a child was a heinous crime.

On Sept 22, 2010, the Shah Alam High Court found Mohd Fazli guilty of murdering the child and sentenced him to death.

He was charged with committing the offence at a football field in Jalan Utama, Kawasan Rumah Batu 30, Ulu Yam Lama, Batang Kali, on Feb 25, 2010. – Bernama