Court interpreter in overturned female genital mutilation case worked on 240 other cases, RTÉ finds

Eva Osborne

An investigation by RTÉ claims a court interpreter who worked on a landmark female genital mutilation (FGM) case that was overturned on appeal over translation errors, assisted in more than 240 other cases for the Irish Court Services.

The interpreter was involved in the 2019 trial of a couple, originally from French-speaking regions of Africa, convicted of and imprisoned for the FGM of their young daughter.

The defence argued throughout the trial that the child’s injury was accidental, caused by falling on a toy in the home.

The Court of Appeal later found “serious, and potentially far-reaching, inaccuracies” in the interpretation at that criminal trial, and set the convictions aside in 2021.

Despite this ruling, the RTÉ Investigates: First Conviction claims the interpreter continued to assist in criminal proceedings until December 2023.

The alleged FGM case appeal was brought on two grounds – medical evidence and interpretation – but the Court of Appeal found the interpretation issues alone were serious enough to cause the convictions to be unsafe.

This decision to set aside the conviction was the first time in Irish legal history that translation issues were grounds for a successful Circuit Court appeal.

RTÉ said the Courts Service confirmed to it that the interpreter had assisted in at least 246 court cases across the country between December 2016 and late December 2023.

Of these cases, 146 were for the District Court, 62 for the Circuit Court, 26 for the High Court, predominantly in the Central Criminal Court.

RTÉ said it is further aware that at least 40 of these cases were held across 19 locations nationwide, after the appeal court judgment.

These revelations, among others, came to light in a joint investigation by RTÉ Documentary on One and RTÉ Investigates. It is aired in First Conviction, a six-part podcast series narrated by actor Ruth Negga, along with a television documentary.

Accused couple

The series tells the story of how, in 2016, a couple are accused of injuring their daughter and put on trial, the first of its kind, for a crime they maintain never even happened.

They are found guilty and jailed. Over the next couple of years, there are many court hearings, a second, inconclusive trial, and all the while this couple continue to say they never injured their child.

The Director for Public Prosecutions (DPP) eventually abandoned the case. Now, facing the power of the State, the couple continue to fight for justice through the courts.

RTÉ said its team interviewed the couple at the heart of this story for more than a year and spoke with legal teams and experts to understand fully what the family has gone over nearly 10 years.

RTÉ Investigates: First Conviction airs Wednesday night at 9:35pm on RTÉ One and RTÉ Player.