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'Appalling Miscarriage of Justice': State drops charges against married couple accused of mutilating infant daughter

Date
2024-07-26
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

The Director of Public Prosecutions has dropped charges against a 42-year-old man and a 32-year-old woman, who were accused of female genital mutilation and child cruelty of their infant daughter. At Dublin Circuit Criminal Court, senior counsel John Byrne informed the court that nolle prosequis were entered on all charges, meaning they are no longer being pursued. This decision follows a new expert report prepared for the DPP, which agreed with the defence expert that no FGM took place. The couple, who pleaded not guilty to one count of FGM and one count of child cruelty each, had previously been convicted in 2020. Judge Elma Sheahan sentenced the man to five-and-a-half years imprisonment and the woman to four years and nine months. However, the Court of Appeal quashed these convictions in November 2021, citing a breach of fair trial rights due to mistranslation. A subsequent re-trial last year ended with a jury unable to agree on a verdict. Defence counsel described the situation as an "appalling miscarriage of justice," with one lawyer requesting a formal acquittal. The matter was adjourned until October 25 for mention before Judge Patricia Ryan.

Who, what, where, when and why

What: Report matter: 'Appalling Miscarriage of Justice': State drops charges against married couple accused of mutilating infant daughter. Charges or matters: one count of child cruelty on the same day. Procedural stage: appeal

When:

Case subjects

Unnamed 42-year-old

Defendant

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 following their conviction by a jury after an eight-day trial.; The case was adjourned until October 25 for mention before Judge Patricia Ryan.

Places mentioned

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

Topics

Stage Appeal

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