The Federal Court today upheld both the conviction and death sentence of a 39-year-old man found guilty of murdering his two-month-old disabled son by violently smashing the infant’s body.
A three-judge panel led by Chief Judge of Sabah and Sarawak Datuk Azizah Nawawi, alongside Federal Court Judge Datuk Rhodzariah Bujang and Court of Appeal Judge Datuk Azimah Omar, ruled unanimously that the findings of the High Court and Court of Appeal were sound and free from error.
Justice Azizah said the testimony of key witnesses—including the victim’s mother—and compelling medical evidence confirmed that Vincent Marcos had caused the fatal injuries.
According to court records, the incident occurred on April 28, 2016, when Vincent allegedly accused his wife of infidelity, grabbed the baby by the legs, and forcefully smashed him onto a sofa. The infant became motionless, but despite his wife’s repeated pleas, Vincent delayed seeking medical help. The baby was only brought to hospital the following morning, already lifeless and with ant bites on his body.
A post-mortem examination revealed severe head trauma, including subdural haemorrhage, brain swelling and contusions, consistent with impact against a blunt surface. The pathologist also found older fractures in the ribs, clavicle and femur, indicating earlier episodes of abuse weeks prior to the fatal incident.
Vincent was convicted under Section 302 of the Penal Code by the Bintulu High Court on Aug 2, 2018. The Court of Appeal upheld the ruling on April 26, 2022, stating that the force used was clearly sufficient to cause serious injury or death, meeting the threshold of intention or knowledge required under the section.
During today’s hearing, court-appointed counsel Louis Jarau informed the bench that a representation had been made 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 argued that the severity of the offence warranted the maximum penalty, stressing that the appellant had shown “no mercy towards a helpless infant.”
The Federal Court affirmed the conviction and capital punishment.
