SCCRC casts doubt on baby killer Faisal Younas' conviction
- 7 February 2013
- From the section Glasgow & West Scotland
A criminal review body believes that a man serving six years for shaking his baby daughter to death may have suffered a miscarriage of justice.
Faisal Younas, 40, was found guilty of the culpable homicide of nine-month-old Alishba at the family home in Glasgow's Pollokshields area in September 2005.
An unsuccessful appeal later argued the trial judge misdirected the jury.
The Scottish Criminal Cases Review Commission (SCCRC) has now referred the case back to the High Court.
Younas was jailed in March 2008 at the High Court in Glasgow after being convicted of culpable homicide.
The trial heard how eight-month-old baby Alishba died in the city's Yorkhill Hospital.
There was no doubt that a brain injury had caused the infant's death, but experts clashed over whether it had been accidental or inflicted on purpose.
Both Younas - a property developer in Pakistan before he fled, seeking political asylum - and wife, Bano, were accused of murder.
Later the charge was dropped completely against Bano and the Crown asked the jury to find Younas guilty of a reduced charge.
Younas claimed he had been looking after his daughter while his wife was at work and had found her choking in her car seat with milk dribbling from her mouth.
The jury decided that he was to blame for the fatal brain injury by shaking Alishba in the family home in Pollokshields.
The trial also heard that Mrs Younas had told a nurse that her husband had hit the baby and that when the couple had been questioned by a doctor at the hospital she had "glanced" at Younas while he stared straight ahead.
In 2011, Younas appealed his conviction and claimed there had been a miscarriage of justice because trial judge Lord Hardie misdirected the jury.
Judges at the Court of Criminal Appeal in Edinburgh, however, rejected this.
After looking at Younas' conviction, the SCCRC said it had referred his case to the High Court of Justiciary.
It said: "The commission has decided to refer Mr Younas's case to the High Court because it believes that he may have suffered a miscarriage of justice in his conviction."