Breaking News: The State has been ordered to pay the legal costs of a couple whose convictions for allegedly carrying out female genital mutilation on their young daughter were later declared a miscarriage of justice. The ruling marks another major development in one of the most closely watched Irish courts cases of recent years, raising serious questions about expert evidence, translation failures and how wrongful convictions are addressed in Ireland.
The decision was made by the Court of Appeal after the couple successfully secured a miscarriage of justice certificate. That certificate followed findings that newly discovered expert evidence showed the child had not been subjected to FGM and that the parents were factually innocent on the balance of probabilities.
Breaking News Ireland: What the Court of Appeal decided
In the latest Irish news from the courts, the Court of Appeal ruled that the normal principle that costs follow the event should apply. That means the State must cover the couple’s legal costs after their successful application.
The Director of Public Prosecutions had asked the court to reduce the costs order, arguing that some issues raised by the couple’s legal team were unnecessary and extended the hearing. Those arguments were rejected.
Judge Isobel Kennedy said the three-judge court was satisfied that the matters identified by counsel for the DPP did not prolong the proceedings. She said submissions had been reasonably concise and the court saw no reason to depart from the usual rule on costs.
For readers following Ireland News and Irish News today, the ruling is significant because it confirms the couple not only cleared the high legal threshold for a miscarriage of justice finding, but also succeeded in recovering the costs of doing so.
Why this case matters in Ireland today
This case stands out in News Today because it was the first prosecution and conviction for FGM in the history of the State. The parents were convicted in 2019 by a jury at Dublin Circuit Criminal Court over injuries suffered by their one-year-old daughter in 2016.
They denied the accusation from the beginning. Their explanation was that the injuries happened when the child fell onto a plastic toy. That account was rejected at trial after expert evidence pointed toward FGM.
The case later unravelled for two separate reasons:
- The original convictions were quashed in 2021 because the trial was found to be unfair due to serious translation problems affecting the parents’ evidence.
- New expert evidence later indicated the child had not been subjected to FGM at all.
That combination made this more than a technical legal appeal. It became a case about factual innocence, expert disagreement and the safeguards needed in serious criminal trials.
How the miscarriage of justice finding was reached
The couple had already succeeded in having their convictions overturned, but a miscarriage of justice certificate goes further. It formally recognises that a wrongful conviction occurred and can open the door to compensation and related legal consequences.
At the earlier hearing this year, the parents’ legal team relied heavily on a 2023 examination by Swedish FGM expert Professor Birgitta Essén. Her findings were said to show the child had never undergone the procedure.
The court also heard that a fresh expert report commissioned by the State broadly agreed with Professor Essén’s conclusions. After reviewing further materials, the State expert accepted that the child’s injuries were not compatible with FGM.
Judge Patrick McCarthy said those newly discovered facts established a miscarriage of justice. In a particularly important finding for Ireland Headlines and Irish Headlines, the court found on the balance of probabilities that the applicants were factually innocent.
Key facts from the case
- 2016: The child suffered injuries at a Dublin address.
- 2019: Both parents were convicted of FGM-related offences.
- 2021: The Court of Appeal quashed the convictions because the trial was unfair.
- 2023: A new expert examination found no evidence of FGM.
- 2026: The court granted a miscarriage of justice certificate and later awarded costs.
What went wrong in the original prosecution?
Several issues have made this case especially important in Breaking News Ireland coverage and wider discussion around the Irish Courts.
First, the original appeal court found serious and far-reaching inaccuracies in the translation of the parents’ evidence. For defendants from a French-speaking region of Africa, accurate translation was essential to a fair trial. The failure undermined the reliability of what the jury heard.
Second, the case exposed the risks of heavily contested medical evidence in criminal prosecutions. Expert testimony can be decisive, particularly where the alleged victim is a very young child and physical findings are complex. The later emergence of expert evidence contradicting the prosecution case fundamentally changed the legal picture.
Third, the case highlights how difficult it can be to reverse the damage caused by a wrongful conviction. The parents spent two years in prison before their convictions were quashed. The child was later returned to their custody after the first trial was ruled unfair.
These are not minor procedural points. They go to the heart of due process, evidential standards and confidence in the justice system.
Official information and what happens next
The Court of Appeal has now made two major findings: that the case amounted to a miscarriage of justice, and that the couple should recover their legal costs from the State.
What may happen next could include:
- Consideration of any compensation process available following the miscarriage of justice certificate.
- Continued legal and policy debate about the handling of expert evidence in sensitive criminal trials.
- Renewed attention on translation standards and defendant safeguards in Irish criminal proceedings.
There is no indication from the court ruling that the original criminal charges will be revisited. The significance now lies in accountability and the legal consequences of the court’s findings.
Frequently asked questions
What happened in this case?
A couple whose 2019 convictions related to alleged FGM of their daughter were first cleared on appeal in 2021, then formally recognised as victims of a miscarriage of justice in 2026. The court has now ordered the State to pay their legal costs.
Why were the convictions overturned?
The Court of Appeal previously found the original trial was unfair because of serious translation errors affecting the parents’ evidence.
Why was a miscarriage of justice certificate granted?
New expert evidence indicated the child had not been subjected to FGM. The court said these newly discovered facts showed a miscarriage of justice and found the parents factually innocent on the balance of probabilities.
Why is the costs ruling important?
It means the State must pay the legal costs of the successful application. It is also a public acknowledgment that the couple should not bear the financial burden of correcting the wrongful conviction.
Why this Breaking News story will resonate
For readers tracking Latest News Ireland, this is a rare and important Court of Appeal ruling with implications beyond one family. It touches on fairness in the criminal justice system, the use of expert medical evidence and the mechanisms available when convictions collapse.
It also shows the distinction between a conviction being overturned because a trial was unfair and a later finding that the accused were factually innocent. That distinction matters legally, financially and morally.
As Breaking News developments go, this case is likely to remain part of wider discussion in Ireland Today about trust in prosecutions, access to proper interpretation and how the courts respond when serious errors come to light.
The clearest takeaway from this Breaking News ruling is that the Court of Appeal has now gone well beyond simply setting aside the convictions. It has recognised a miscarriage of justice, affirmed the couple’s innocence on the evidence before it, and ordered the State to pay the costs of that successful legal battle.
