Courts / Dublin / Report
Parents who were first in Irish history to be convicted of FGM have convictions quashed
Summary
The Court of Appeal has quashed the convictions of a 39-year-old man and a 29-year-old woman, who were the first in Irish history to be found guilty of female genital mutilation (FGM). The appellants, originally from a French-speaking African region, had pleaded not guilty at Dublin Circuit Criminal Court in November 2019 to one count of FGM and one count of child cruelty alleged to have occurred on their one-year-old daughter in September 2016. Following a unanimous guilty verdict, Judge Elma Sheahan sentenced the man to five-and-a-half years' imprisonment and the woman to four years and nine months in January 2020. On appeal, the three-judge panel, led by Mr Justice John Edwards, ruled the trial was unfair due to serious inaccuracies in the translation of the defendants' testimony. The court found that mistranslations, such as interpreting "would you hurt her?" as "do you hate her?", rendered the proceedings unsafe. Consequently, the convictions were quashed. The Director of Public Prosecutions has requested a retrial, a motion not opposed by the appellants' counsel. The matter is therefore adjourned for the purpose of arranging this new trial, rather than being concluded.
Who, what, where, when and why
What: Report matter: Parents who were first in Irish history to be convicted of FGM have convictions quashed. 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
- 2021-11-18 Publication
Why: The parents, who are originally from a French-speaking region in Africa, now face a retrial after the Court of Appeal today ruled their trial had been "unfair" because of problems with the translation of their testimony to the jury. CNI source report
Case subjects
Appellant
Charges: one count of child cruelty on the same day (Alleged Or Contested)
Plea: Not guilty
Outcome: 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.
Places mentioned
Topics
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