A 42-YEAR-OLD man's conviction for murdering his baby brother in 1978 was `safe', London's Criminal Appeal Court was told yesterday.
Martin Wilson, QC, for the Crown, said Abid Hussain was convicted on the evidence of admissions he made in interview and in a written statement, as well as evidence he had the opportunity to inflict the fatal injuries.
"The child sustained approximately 60 bruises and abrasions, as well as the fatal injuries to the brain," Mr Wilson said.
Hussain, who lived at the family home in Upper Bank Street, Dewsbury, was sentenced in December 1978 at Leeds Crown Court.
The then 16-year-old had been found guilty of murdering his 23-month-old brother Mushtaq Hussain. He was released from prison in 1997.
Hussain lost his first conviction appeal in 1980, but the case has now been referred back to the Appeal Court by the Criminal Cases Review Commission, the independent body which investigates possible miscarriages of justice.
His QC, Tim Owen, has argued the conviction was `unsafe' because the trial judge should not had admitted into evidence admissions Hussain made during his police interviews and in a written statement.
He also contended the trial was unfair because the judge made comments about the police officers which were prejudicial to Hussain, and failed to direct the jury properly on crucial aspects of the defence case.
Lord Justice Longmore, sitting with Mr Justice Leveson and Sir Ian Kennedy, said they would hand down their decision at a later, unspecified, date - indicating it may not be in this law term which ends on December 21.