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IrelandCrime2 days ago

Couple’s quashed conviction for female genital mutilation declared a miscarriage of justice

A couple's convictions for female genital mutilation (FGM) of their daughter, which were overturned after two years in prison, have been declared a miscarriage of justice by the Court of Appeal. The court ruled that newly discovered evidence showed the couple was factually innocent. This case was the first of its kind in Ireland and was featured in an RTÉ documentary. The original trial was deemed unfair due to translation errors in the parents' testimonies, leading to the overturning of the convictions. A subsequent retrial ended without a verdict, and the charges were dropped.

A couple have had their convictions for the female genital mutilation (FGM) of their one-year-old daughter, which were quashed after they spent two years in prison, declared a miscarriage of justice.

Their trial was the first of its kind in Ireland and was the subject of a joint investigation between RTÉ Documentary on One and RTÉ Investigates.

At the Court of Appeal Mr Justice Patrick McCarthy said newly discovered facts disclosed in expert reports show that there has been a miscarriage of justice.

"We find on the balance of probabilities that the applicants are factually innocent," he said, "For this reason we grant a certificate pursuant to S9 (1) (a) of the Criminal Procedure Act 1993."

The husband and wife became the first people to be convicted of the charge in the history of the State, after a Dublin Circuit Criminal Court jury found them guilty in November 2019 of carrying out an act of FGM on their daughter at a Dublin address on 16 September 2016.

Both had pleaded not guilty.

Their convictions were overturned by the Court of Appeal in 2021 after it found the trial had been "unfair" because of "serious and far-reaching inaccuracies" in how the mother and father's testimony was translated to the jury.

Read more: First Conviction: A family torn apart, a system on trial

A jury at a retrial in 2023 failed to reach an agreement and the Director of Public Prosecutions (DPP) subsequently dropped the charges.

The couple, who are originally from a French-speaking region of Africa, subsequently launched a bid to have their quashed convictions declared a miscarriage of justice.

At the hearing in January, lawyers for the parents said that an examination of the child by Swedish FGM expert Professor Birgitta Éssen in December 2023 proved that she had never been subjected to the procedure.

The court heard the DPP dropped the charges after a new report commissioned by the State "broadly" agreed with Prof Essen’s conclusions.

'Our hearts are filled with joy'

The couple, who cannot be identified to protect their child, issued a statement saying their hearts were "filled with joy" following the court's ruling.

They said they finally received the justice they deserved and were granted their certificate.

They said nothing would ever erase what they had gone through or would give them back the ten years they had lost.

They said the "pain, suffering and uncertainty" their family had endured would always be part of their story.

And they said the separation from their children was one of the greatest hardships they had ever faced, but they said today the truth had come to light.

In their statement the couple said they prayed no other family would ever have to experience the heartbreak, trauma, pain, separation and uncertainty that they had lived through.

They added that no one deserved to endure what they did.

The couple thanked their legal teams for "fighting tirelessly" for the truth and said they were grateful to the judges for ensuring justice was served.

They also thanked everyone who "contributed to this victory directly or indirectly".

They said this "support, encouragement and belief" in them carried them through the darkest moments.

And they said those who had helped them would forever remain in their thoughts, prayers and hearts.

Outside court, solicitor James MacGuill, who represented the husband, said the couple were very pleased.

'The system has worked today'

He said the court's judgment was a very strong statement, holding that the couple were completely innocent, that there was a miscarriage of justice and that the medical opinions in the end showed they were innocent.

He said the system had worked today.

Mr MacGuill said the couple were relieved as coming to court was always stressful, particularly with the history of this case.

He said it was a "great day for the family".

Read the full article at RTÉ News
Source document: Court of Appeal ruling

3 reports

TheJournal.ieIndependentCenter2 days ago
Couple’s quashed convictions for female genital mutilation declared miscarriage of justice

A couple's convictions for female genital mutilation (FGM) of their daughter were overturned in 2021, and the Court of Appeal has now declared the case a miscarriage of justice. The court cited newly discovered facts from expert reports, stating that the couple is 'factually innocent.' This was the first FGM conviction in Ireland, with the couple spending two years in prison before their convictions were quashed.

Bias read (Center): The article presents the legal outcome and reasoning from the Court of Appeal without overtly favoring any side. It includes direct quotes from the judge and provides factual details about the case, including the overturning of convictions and the declaration of a miscarriage of justice. There is no

Official sources cited

  • court Court of Appeal ruling
RTÉ NewsState / PublicCenter2 days ago
Couple's FGM convictions declared miscarriage of justice

A couple's convictions for performing female genital mutilation (FGM) on their daughter were overturned by the Court of Appeal, which ruled it a miscarriage of justice. The court found that newly discovered evidence showed the couple was factually innocent. The original trial was deemed unfair due to serious translation errors in the parents' testimonies. This case marked the first conviction for FGM in Ireland.

Bias read (Center): The article presents factual information without overtly favoring any side. It describes the legal proceedings, the court's findings, and the circumstances surrounding the case objectively. There is no evident editorializing, loaded language, or one-sided sourcing.

Official sources cited

  • court Mr Justice Patrick McCarthy
  • court Dublin Circuit Criminal Court
The Irish TimesIndependent🔒Center2 days ago
Couple’s quashed conviction for female genital mutilation declared a miscarriage of justice

A couple's convictions for female genital mutilation (FGM) of their daughter, which were overturned after two years in prison, have been declared a miscarriage of justice by the Court of Appeal. The court ruled that newly discovered evidence showed the couple was factually innocent. This case was the first of its kind in Ireland and was featured in an RTÉ documentary. The original trial was deemed unfair due to translation errors in the parents' testimonies, leading to the overturning of the convictions. A subsequent retrial ended without a verdict, and the charges were dropped.

Bias read (Center): The article presents factual information about a legal ruling without apparent ideological framing. It describes events objectively, citing judicial decisions and procedural details without evident bias toward either the accused or the prosecution.

Official sources cited

  • court Court of Appeal decision
  • organisation RTÉ documentary

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  • courtCourt of Appeal ruling
  • courtMr Justice Patrick McCarthy
  • courtDublin Circuit Criminal Court
  • courtCourt of Appeal decision
  • organisationRTÉ documentary