Courts / Dublin / Report

Couple ask court to declare FGM conviction a miscarriage of justice

Date
2026-01-22

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

A 43-year-old man and his wife are appealing to have their convictions for female genital mutilation (FGM) declared a miscarriage of justice. The couple, who pleaded not guilty to FGM and one count of child cruelty on the same day, were initially found guilty of FGM in 2019. Their convictions were subsequently quashed by the Court of Appeal in 2021 due to unfairness regarding translation of testimony. Following a retrial in 2023 where the jury disagreed, the DPP entered a nolle prosequi, deciding not to proceed with a third trial after reviewing new expert evidence. The defence argues that new examinations, including a 2023 assessment by a Swedish expert, prove no FGM occurred, constituting a wrongful conviction. The DPP opposes the application, stating the original case was brought in good faith based on conflicting expert opinions and that the issue was a difference of medical views rather than a factual error. The Court of Appeal must be satisfied that a newly discovered fact demonstrates a wrongful conviction before issuing a certificate. The matter is currently at the appeal stage, with the court scheduled to hear responses from the parents' lawyers tomorrow.

Who, what, where, when and why

What: Report matter: Couple ask court to declare FGM conviction a miscarriage of justice. Charges or matters: one count of child cruelty on the same day. Procedural stage: appeal

When:

December 2023 Hearing Or Sentence
November 2019 Hearing Or Sentence
September 16, 2016 Hearing Or Sentence
November 2021 Hearing Or Sentence
2026-01-22 Publication

Why: They spent two years in prison before their convictions were quashed, when the Court of Appeal found the trial had been "unfair" because of problems with how the parents' testimony was translated to the jury. CNI source report