Ashiqur Rahman conviction in baby daughter's death upheld
Nova Scotia Court of Appeal rules trial judge's guilty verdict sound
The Nova Scotia Court of Appeal is refusing to overturn the manslaughter and aggravated assault convictions of a Halifax man found guilty of killing his baby daughter five years ago.
Ashiqur Rahman is serving a 6.5 year sentence. He appealed his 2012 conviction, arguing the Crown’s chief witness couldn’t be trusted and the evidence didn’t support the judge’s guilty verdict.
But in a decision released Monday, the appeal court upheld the conviction.
"The trial judge’s findings that Mr. Rahman caused the injuries to and the death of his daughter were detailed, sound and amply supported by evidence," Justice David Farrar wrote on behalf of the appeal court.
Rahman’s baby, Aurora Breakthrough, was taken to hospital on July 23, 2009, less than seven weeks after she was born.
Doctors discovered fractured ribs, arms and legs, and an MRI showed brain damage. She died on July 27, with an autopsy concluding the cause was blunt force trauma.
Rahman and the baby’s mother, Jane Gomes, were both charged with offences related to the death.
Gomes pleaded guilty to failing to provide the necessities of life and was sentenced to a conditional discharge with six months probation. She signed an immunity agreement with the Attorney General of Nova Scotia in exchange for her testimony against Rahman.
Rahman argued during his appeal that Gomes wasn’t credible, the judge "misapprehended" the evidence and the verdict was "unreasonable."
The court of appeal, however, dismissed these arguments, saying there was "ample evidence" that Aurora died from "abusive trauma" and that Rahman was the perpetrator.