Father found guilty of manslaughter in the death of his seven-week-old daughter

HALIFAX -- A Halifax man was found guilty Friday of manslaughter and aggravated assault in the death of his baby daughter by a Nova Scotia Supreme Court judge.

Judge Felix Cacchione described Ashiqur Rahman as a manipulative man who controlled what happened in his home. Rahman had pleaded not guilty to both charges in the death of seven-week-old Aurora Breakthrough in July 2009.

The prosecution argued that the case hinged on Rahman's credibility versus that of the baby's mother, Jane Gomes, who testified she saw her ex-boyfriend slap and shake the newborn in the weeks before she died.

Gomes received a conditional discharge with six months probation for failing to provide the necessities of life for Aurora.

Gomes sat in the second row of the gallery in court as Cacchione read his verdict with three women at her side. One of them had her arm around Gomes, who had her head down for much of the verdict.

As she left court with her supporters, Gomes didn't speak to reporters.

Rahman was remanded for sentencing and as he was led away said: "I didn't do anything."

Rahman and Gomes are both from Bangladesh and came to Canada to study computer science at Acadia University in Wolfville, N.S., before moving to Halifax.

In closing arguments in April, the Crown argued that Rahman's denials that he abused the child didn't stand up against the testimony of the girl's mother.

Denise Smith said Gomes made some poor choices in failing to take the baby away after witnessing the abuse. But she said Gomes was telling the truth about Rahman's tendency to lose control and harm Aurora.

The defence argued that Gomes's testimony was motivated by a desire to shift blame away from herself, and came only after concluding a plea bargain with the Crown.

Donald Murray also argued that evidence from pathologists and medical experts didn't prove Aurora died as a result of being shaken or hit. He said a pediatric cardiologist found Aurora had a congenital heart condition and it's possible that played a role in her cardiac arrest on July 23, 2009, four days before she died in hospital.

Cacchione accepted that Aurora had an undiagnosed heart condition, but he said he doesn't believe the condition caused her death.

He also accepted evidence of the emergency room doctor who testified that Aurora's injuries were likely caused by non-accidental trauma and not from a cardiac event.

Testimony from several physicians who treated Aurora revealed that she had multiple rib fractures, retinal hemorrhages and brain injuries from various times in her short life.

The medical examiner who did the autopsy on Aurora concluded that the cause of death was a blunt force injury to her head, a finding that Cacchione accepted in his verdict.

Cacchione said Rahman became frustrated after a succession of business failures, "dire" financial circumstances and the stress of caring for a crying newborn.

He also called Rahman a "manipulator" who dictated what happened in the home and how money being sent from Bangladesh was spent.

"He is someone who likes to be in control and not someone who likes being told he is wrong," Cacchione said.

He added that Rahman was physically, emotionally and verbally abusive to Gomes, who met him at Acadia University in 2008.

Rahman had little interest in his daughter, the judge said, noting that he left the hospital more than an hour after she was born and took a month to name her.