A couple who were wrongly convicted in the State’s first and only trial for Female Genital Mutilation could be entitled to significant compensation if they are successful in obtaining a miscarriage of justice certificate. 

It is the latest twist in a story that began nine years ago in 2016, when the couple had two children - a baby and a toddler.  

One morning, the father heard his daughter cry out and picked her up to comfort her. 

The couple later noticed blood on his clothes but could not work out why their daughter was bleeding. 

Worried, they took her to Crumlin Children’s Hospital. 

“You can see on CCTV - that was shown in the trial - that she’s crawling on chairs and playing peekaboo with a woman,” RTÉ Investigates reporter Pamela Fraher explained on The Pat Kenny Show. 

“She’s in good form; she was taken to theatre, any bleeding that’s there is stopping. 

“The wounds are cauterised and, at that point, the hospital consultants are asking how did this happen? 

“The parents say they don’t know but they believe that she fell on a toy.” 

The doctors decided the parents were lying and filed a Non Accidental Injury report, while both Tusla and Gardaí were called. 

A British expert was consulted and she concluded, having been sent images and medical notes, that the child had undergone Female Genital Mutilation - a crime in Ireland. 

Both parents are from East Africa, where FGM is common and the mother herself was subjected to it. 

“She says she would never want this for her own daughter,” Ms Fraher added. 

“This was something she was trying to escape from and now she’s being accused of performing it. 

“As a victim, she knew how horrible this procedure was.” 

The trial

In 2019, the couple were put on trial and they were questioned by lawyers through a court provided French language interpreter. 

They were found unanimously guilty by the jury. 

Through this all, they maintained their innocence. 

At this point, they had had another child and all three were sent into the care of relatives. 

The turning point in the couples’ fortunes came when they approached solicitor James McGuill about an appeal. 

“One of the first things that leapt out was the poor quality of the interpretation, which really would have made this man look to the jury as if he was being evasive and dishonest,” he said. 

“Because the wrong questions were being translated to him and the answers were translated back were wrong.” 

Mr McGuill sought a recording of the trial, which he found demonstrated "beyond a shadow of a doubt” that the interpretation was substandard. 

Another medical expert, Professor Birgitta Essen, was asked to examine the child and she became the first doctor to do so in person. 

She concluded there was no FGM had taken place and a retrial was arranged which resulted in a hung jury. 

A third trial was ordered but collapsed when the prosecution received a further report that concluded no crime had been committed. 

Miscarriage of justice certificate

The State entered a nolle prosequi, a procedure that is not an acquittal and means the couple feel there is still a stain over their character. 

“All that’s required is for the State to turn around and accept the logic of the science,” Mr McGuill said. 

“The science has been conclusively in favour of the couple and conclusively against the evidence of that was originally given by the English expert.” 

In January 2026, the couple will have a Court of Appeal hearing in a bid to obtain a certificate of miscarriage of justice.

“Well, it’s huge,” Ms Fraher said. 

“Even in cost terms, it’s going to be huge; if the couple are successful in their certificate of miscarriage of justice, compensation could follow. 

“But also, look over the last 10 years; they were in jail for 721 days - that cost the State €321,000. 

“Look at the 54 months that a team of Tusla care workers had to supervise the family. 

“Look at how much money has been paid for the interpreters.” 

Main image: Members of Gardaí in Dublin. Picture by: Leah Farrell/RollingNews.ie.