Courts / Dublin / Report
Court will allow expert to give evidence in FGM appeal
Summary
The Court of Appeal has refused to order the reexamination of a child in an appeal by her parents, who were convicted in 2020 of female genital mutilation (FGM) and child cruelty. Mr Justice John Edwards, presiding over the three-judge court, deemed the requested examination disproportionate and likely to cause further distress to the child. The parents, a 38-year-old man and a 28-year-old woman, originally pleaded not guilty at Dublin Circuit Criminal Court to one count of FGM and one count of child cruelty committed on their then one-year-old daughter in September 2016. After a trial where the jury returned unanimous guilty verdicts, Judge Elma Sheahan sentenced the man to five and a half years' imprisonment and the woman to four years and nine months' imprisonment in January 2020. The appeal centers on conflicting medical opinions; trial doctors maintained the clitoris was removed, while Professor Birgitta Essen, a Swedish FGM expert, reviewed evidence including a video recording and found the clitoris intact. Although the court rejected the request for a new physical examination, it will allow Professor Essen to testify at the appeal hearing to assess whether her testimony should be admitted as new evidence. The judge noted that the existing 2019 video recording is of very good quality and sufficient for expert analysis by both sides.
Who, what, where, when and why
What: Report matter: Court will allow expert to give evidence in FGM appeal. Charges or matters: one count of child cruelty on the same day. Procedural stage: appeal
When:
- November 2019 Hearing Or Sentence
- September 16, 2016 Hearing Or Sentence
- January 2020 Hearing Or Sentence
- 2021-08-30 Publication
Case subjects
Convicted Person
Charges: one count of child cruelty on the same day (Alleged Or Contested)
Plea: Not guilty
Outcome: Passing sentence in January 2020 Judge Elma Sheahan sentenced the man to five and a half years imprisonment and the woman to four years and nine months imprisonment.
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