Courts / Dublin / Report

Parents who were first in Irish history to be convicted of FGM have convictions quashed

Date
2021-11-18
Stage
Appeal
Primary locality
Dublin
County
Dublin

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:

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

Unnamed 39-year-old

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

Court Venue
  • Court of Appeal
  • Dublin
  • Dublin Circuit Criminal Court
Secondary Mention

Topics

Stage Appeal

Related court reports

Read the original CNI report

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