Jury in Tahani death case retires

BY CLIO FRANCIS

A high court jury has retired to decide whether a South Auckland man accused of starving, beating and finally murdering his 11-week-old daughter is guilty of the charge.

The 12 day trial for Azees Mahomed, 31, and his wife Tabbasum Mahomed, 26, came to a close at Auckland's High Court this morning.

The couple's daughter, 11-week-old Tahani Mahomed, died in Auckland's Starship Hospital on New Years Day, 2008, after she arrived at Middlemore Hospital on December 28, 2007, with severe head injuries.

Azees Mahomed is charged with murdering Tahani. He also faces two charges of grievous bodily harm - which relate to allegedly breaking his daughter's leg and giving her a head injury so severe it caused brain damage between October 7 and December 26, 2007 - and one count of failing to provide the necessaries of life.

Tabbasum Mahomed faces one charge of failing to provide the necessaries of life. She does not face a murder charge.

Both parents - who sat side by side in the dock - deny all charges.

Justice Rhys Harrison summed up the case this morning, telling the jury that given the tragic circumstances of baby Tahani's death it was "only natural" if they had felt an "emotional response" during the trial.   

"However I ask you when you sit down in the jury room to put those emotions aside and focus purely on the evidence."

The burden of proof lay with the crown and the jury would have to be sure that each charge had been proven beyond reasonable doubt, Justice Harrison said,

On the opening day of the trial crown prosecutor Philip Hamlin had told the jury the South African born couple had treated their young daughter with "systematic neglect and violence".

Tahani had been born healthy and of a good weight on October 7, 2007. But, just over two months later, lay dead, Mr Hamlin said. 

"In 11 weeks, baby Tahani has been neglected and not fed.

"In 11 weeks, baby Tahani has been left in a hot car for hours.

"In 11 weeks, baby Tahani has brain injury from the first injury she suffered.

"In 11 weeks, baby Tahani was the victim of the second and fatal head injury," Mr Hamlin told the jury.

The Crown alleges Tahani was murdered by her father when her head was "slammed against a very hard surface, twice".

The second blow to head had been of such violence the child never recovered, Mr Hamlin said. Azees Mohamed was also responsible for pulling the baby's left leg so hard it broke her shin bone, he said.

When the parents finally took their daughter to hospital on December 28, 2007, she was gravely ill, the court heard.

The doctor who examined Tahani when she arrived at Middlemore Hospital described her as severely "malnourished", estimating her weight to be only 4 kilograms.

Mr Hamlin said that, when the Mahomeds had arrived at the hospital, they had told medical staff "they could not understand how or why the baby was in such a critical condition".

Defence lawyer Chris Wilkinson-Smith, representing Azees Mahomed, made his closing submissions to the jury yesterday.

"Whatever you think about the Mahomeds' parenting, it's not going to get you any closer to answering the real question of who harmed Tahani," he said.

Tabbasum Mahomed was more likely to be responsible for Tahani's death than her husband, as she spent a lot more time with her baby, Mr Wilkinson-Smith said.

"Tabbasum was an over-burdened mum who already had a one-year-old child. It was a highly stressful and difficult time.

"She was under considerable stress and was not coping. Tahani was a demanding baby," Mr Wilkinson-Smith said.

Defence lawyer Paul Borich, representing Tabbasum Mahomed, told the jury yesterday they had to be sure beyond reasonable doubt that Tabbasum Mahomed was guilty of failing to provide the necessaries of life if they were to convict her.

"That doesn't mean you think she's guilty, or she's probably guilty or she's very likely to be guilty. You have to be sure, based on a proper, calm and rational analysis, putting aside emotions.

"If you do all of that you will come to the conclusion that the Crown have failed to prove this charge against her," Mr Borich said.

- with NZPA

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