Wednesday, November 7, 2012

Girls' mutilation is not conclusive: court - Sydney Morning Herald


AAP


The medical evidence against eight people charged over the genital mutilation of two young sisters is inconclusive, a Sydney court has been told.


Four relatives of the girls appeared in Parramatta Local Court on Thursday, taking the total number of those facing charges to eight.


The girls' parents, their local Islamic leader and a retired nurse have also been charged with the female circumcision of the sisters, aged six and seven at the time.


The father is a GP and the mother is a pharmacist.


Solicitor Elee Georges represented retired nurse Kubra Magennis, 69, who has been charged with performing the alleged circumcisions.


Mr Georges told the court that the police facts show no evidence to confirm the alleged circumcisions actually took place.


"The medical evidence, at its highest, is unable to confirm or deny it," Mr Georges said.


"It's an allegation of opinion."


He also applied to have his client's name suppressed, which the court denied.


Mr Georges said previous media reports, including his client's name, have resulted in undue distress, embarrassment and harassment, including a threatening letter sent to her husband.


Her age, high-blood pressure, osteoarthritis, anaemia and dizziness were also a reason to protect her identity, Mr Georges said.


He also argued that publishing her name may lead to the identity of the alleged victims, who are part of a religious community of 300 people.


Magistrate Brian van Zuylen said the court documents showed the small community was divided over the issue of female circumcision.


"Some are supporting the practice ... some are not," he said.


The Islamic sheik is accused of telling locals in the past two months to lie to police about the prevalence of female genital mutilation within the community, court documents show.


He has been charged with being an accessory after the fact to the alleged circumcisions.


The girls' father, 42, and his pharmacist wife, 35, have been charged with two counts of female mutilation.


The four other relatives, all women, have been charged with attending at least one of the alleged circumcisions that happened in Wollongong and Sydney, sometime between October 2010 and July 2012.


All six of their names and names of the girls have been suppressed.


The magistrate continued the bail of the eight co-accused and adjourned the matter until February 7 in the same court.



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