Courts / Dublin / Report
Couple seek to have overturned conviction for female genital mutilation declared miscarriage of justice
Summary
A married couple, originally from a French-speaking region of Africa, are seeking to have their overturned convictions for female genital mutilation (FGM) declared a miscarriage of justice, a court has been told. The couple was initially convicted in 2020 of FGM and child cruelty on their one-year-old daughter, but their convictions were quashed on appeal due to issues with the translation of their testimony. A retrial in 2023 resulted in a jury being unable to reach a verdict. The charges were subsequently dropped by the Director of Public Prosecutions, who entered a nolle prosequi in July 2024. The 43-year-old man and 33-year-old woman, who cannot be named to protect the identity of the child, pleaded not guilty to one count of FGM and one count of child cruelty on September 16, 2016. Hugh Hartnett SC, representing the man, stated the matter is not an appeal but an application for a miscarriage of justice certificate, citing that the evidence given was incorrect. Counsel for the woman, Giollaíosa Ó Lideadha SC, noted complex medical and procedural issues, including an expert report from December 2023 that found no FGM. The matter was listed for hearing on January 22 and 23 next. FGM has been illegal in Ireland since 2012, with a maximum sentence of 14 years imprisonment.
Who, what, where, when and why
What: Report matter: Couple seek to have overturned conviction for female genital mutilation declared miscarriage of justice. Charges or matters: one count of child cruelty on the same day. Procedural stage: appeal
When:
- September 16, 2016 Hearing Or Sentence
- July 2024 Hearing Or Sentence
- December 2023 Hearing Or Sentence
- January 22 Hearing Or Sentence
- January 2020 Hearing Or Sentence
- November 2021 Hearing Or Sentence
- 2025-10-10 Publication
Why: The man and woman, who are originally from a French-speaking region of Africa, faced a retrial after the Court of Appeal 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 following their conviction by a jury after an eight-day trial.
Places mentioned
Topics
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