Courts / Dublin / Report
State dropped FGM charges after new report agreed child never suffered procedure
Summary
The Court of Appeal has reserved judgment on an appeal by an unnamed 43-year-old man and a 33-year-old woman, who are seeking a declaration that their 2019 conviction for the female genital mutilation (FGM) of their daughter was a miscarriage of justice. The couple, who originally pleaded not guilty to FGM and child cruelty charges arising from an incident in September 2016, spent two years in prison before the Court of Appeal quashed their convictions in 2021 due to translation inaccuracies. During the appeal proceedings, the Director of Public Prosecutions (DPP) informed the court that it had dropped the FGM charges. This decision followed a December 2023 examination by Swedish expert Professor Birgitta Essen, who concluded the child had never undergone the procedure. A DPP-retained expert, Professor Cecilia Berger, broadly agreed with these conclusions. Hugh Hartnett SC, representing the father, argued the conviction and imprisonment constituted a miscarriage of justice. Conversely, Brendan Grehan SC, for the DPP, maintained that the original trial proceeded lawfully and that the DPP acted in good faith, though it no longer intends to pursue the charges. The court, presided over by Mr Justice John Edwards with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, stated it had significant matters to consider and reserved its judgment on the bid to declare the quashed conviction a miscarriage of justice.
Who, what, where, when and why
What: Report matter: State dropped FGM charges after new report agreed child never suffered procedure. Charges or matters: child cruelty on the same day. Procedural stage: appeal
When:
- December 2023 Hearing Or Sentence
- September 2016 Hearing Or Sentence
- November 2019 Hearing Or Sentence
- September 16, 2016 Hearing Or Sentence
- 2026-01-23 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 "serious and far-reaching inaccuracies" in how the parents' testimony was translated to the jury. CNI source report
Case subjects
Appellant
Charges: child cruelty on the same day (Alleged Or Contested)
Plea: Not guilty
Outcome: Hugh Hartnett SC, for the child's father, said the couple's conviction in 2019 and subsequent two-year imprisonment amounts to a miscarriage of justice.; The Court of Appeal has now reserved judgment on a bid by the couple to have their conviction for the female genital mutilation (FGM) of the child, which was quashed in 2021, declared a miscarriage of justice.
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