The Palace of Justice building, which houses Malaysia’s Court of Appeal and Federal Court, in Putrajaya

MALAYSIA: APEX COURT UPHOLDS DEATH PENALTY ON S’WAK MAN FOR KILLING BABY

November 20, 2025:

The Federal Court on November 19, 2025 upheld the conviction and death sentence on a father found guilty of murdering his two-month-old disabled baby boy by smashing the child’s body.
A three-member panel chaired by Chief Judge of Sabah and Sarawak Azizah Nawawi unanimously ruled that the High Court and Court of Appeal had not made any error in evaluating the overall trial evidence, Bernama reported.
Federal Court judge Rhodzariah Bujang and Court of Appeal judge Azimah Omar were also on the panel hearing the appeal.
Azizah said the testimony of key witnesses, including the appellant’s wife, and medical evidence presented by a pathologist were consistent and supported the finding that Vincent Marcos, 39, inflicted the fatal injuries on Yohanes Vincent.
According to the facts of the case, the incident occurred on April 28, 2016 at a home in Bintulu, Sarawak, when Vincent grabbed the baby’s legs, lifting it and forcefully smashing the child’s body onto a sofa after accusing his wife of infidelity.
The baby became motionless after the impact, but Vincent failed to seek immediate medical treatment for him despite his wife’s pleas.
The baby was only brought to the hospital the following morning, by which time he had already died and had ant bites on his body.
The post-mortem report presented in court revealed that the infant suffered severe head injuries, including subdural haemorrhage, brain oedema and contusions, consistent with forceful impact against a blunt surface.
The examination also found several older injuries on the ribs, clavicle and femur, which experts said occurred weeks before the baby’s death and were consistent with repeated abuse.
The Bintulu High Court convicted Vincent under Section 302 of the Penal Code for murder on Aug 2, 2018, and the Court of Appeal upheld the conviction and sentence on April 26, 2022.
The Court of Appeal ruled that smashing a two-month-old baby with such force would ordinarily cause serious injury or death, thereby fulfilling the element of intention or knowledge required under the section.
During today’s proceedings, court-appointed counsel Louis Jarau, representing Vincent, informed the court that representations had been submitted to the Attorney-General’s Chambers seeking exemption from the death penalty in line with the Abolition of Mandatory Death Penalty Act 2023.
However, deputy public prosecutor Fuad Abdul Aziz argued that based on the facts and circumstances of the case, the punishment under Section 302 was the most appropriate.
Fuad also stressed that the appellant had shown no mercy towards a helpless infant.