Shayal Upashna Sami [Source: stuff.co.nz]

A Fijian woman convicted of the manslaughter of a Christchurch toddler in her care is asking for her conviction to be overturned.

Shayal Upashna Sami, now 22, will be considered for parole from her five-year jail term in about August.

Stuff.co reports, Sami’s lawyers Jonathan Eaton QC, says if freed she will be immediately deported to Fiji.

Eaton has asked the Court of Appeal in Wellington, New Zealand on Thursday to grant her a retrial.

Sami is now a mother herself and her baby is being cared for by family in Fiji.

Sami was looking after one-year-old Aaliyah Ashlyn Chand, the daughter of a family friend, when Aaliyah was fatally injured in January 2015.

Anjani Lata, left, and Dev Chand, at the grave of their daughter, Aaliyah Ashlyn Chand [top, right] [Source: stuff.co.nz]

Eaton says there is no evidence to support the prosecution theory that Sami must have snapped and smacked the girl’s head into a flat surface.

The court reserved its decision on Sami’s appeal against her conviction and sentence.

[Source: stuff.co.nz]