A couple whose convictions for the female genital mutilation of their one-year-old daughter which were overturned on appeal have been given a hearing date for their certificate of miscarriage of justice application.
In what was the first trial of its kind in Ireland, the man and woman were found guilty in 2019 but were released from prison two years later.
This morning, in court 16 at the Criminal Courts of Justice, President of the Court of Appeal Ms Justice Caroline Costello told the couple's legal teams that the new hearing will take place on 22 and 23 January next year.
Ms Costello added she was allowing the requested two-day duration. The application for a certificate of miscarriage of justice is being made under section 9 of the Criminal Procedure Act 1993 and will be heard before a panel of three judges in the Court of Appeal in the Criminal Courts of Justice.
The man and woman began the process of seeking this certificate in January of this year.
They maintained that their daughter suffered her injury when she fell onto a toy while in their home.
However, hospital staff did not accept the couple's explanation as to how the injury occurred, and the non-accidental injury protocol was instigated.
The Child and Family Agency, Tusla and An Garda Síochána became involved in the case, and the couple were arrested and put on trial.
They both pleaded not guilty at Dublin Circuit Criminal Court in November 2019 to one count of carrying out an act of female genital mutilation (FGM) on their daughter.
The couple also pleaded not guilty to one count of child cruelty on the same day.
The State did not argue that the couple had carried out FGM themselves, but had "aided and abetted, counselled or procured" it.
They were found unanimously guilty by a jury.
In January 2020, Judge Elma Sheahan sentenced the man to five-and-a-half years' imprisonment and the woman to four years and nine months.
During their incarceration, the couple, who are originally from French-speaking regions of Africa, retained new legal teams and began proceedings to appeal their conviction.
In 2021, their appeal, based on translation issues with the 2019 trial, was successful, and they were released from prison.
It marked the first time in the State that translation issues were grounds for a successful Circuit Court appeal.
In 2023, there was a second trial, but the jury's decision was inconclusive.
In 2024, the DPP entered a nolle prosequi in respect of all charges, meaning that the State was no longer proceeding with the prosecution, but the couple had not been acquitted.
The couple's legal teams subsequently applied to the Court of Appeal in January last for a certificate of miscarriage of justice.
This application will now be heard on the 22 and 23 of January 2026.
