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FGM trial: Prosecutors defend decision to charge acquitted doctor | FGM trial: Prosecutors defend decision to charge acquitted doctor |
(35 minutes later) | |
The case of a doctor found not guilty of carrying out female genital mutilation was "reviewed thoroughly" before it went to trial, the director of public prosecutions has insisted. | The case of a doctor found not guilty of carrying out female genital mutilation was "reviewed thoroughly" before it went to trial, the director of public prosecutions has insisted. |
Alison Saunders told the BBC: "We prosecute the cases referred to us. We cannot go out and target anyone." | Alison Saunders told the BBC: "We prosecute the cases referred to us. We cannot go out and target anyone." |
Dhanuson Dharmasena was cleared of performing the illegal procedure on a woman in a London hospital. | Dhanuson Dharmasena was cleared of performing the illegal procedure on a woman in a London hospital. |
Dr Dharmasena said he was "extremely relieved" at the verdict. | Dr Dharmasena said he was "extremely relieved" at the verdict. |
He was tried alongside Hosan Mohamed, who was cleared of aiding and abetting him. | He was tried alongside Hosan Mohamed, who was cleared of aiding and abetting him. |
'Wrong case' | 'Wrong case' |
Mr Mohamed's lawyer, Ali Hussain, said on BBC Radio 4's Today programme: "It was the wrong case to be brought before the courts." | Mr Mohamed's lawyer, Ali Hussain, said on BBC Radio 4's Today programme: "It was the wrong case to be brought before the courts." |
"The CPS [Crown Prosecution Service] in our view should have reviewed the case more thoroughly before the charges were brought." | "The CPS [Crown Prosecution Service] in our view should have reviewed the case more thoroughly before the charges were brought." |
Mr Hussein highlighted that his client had condemned female genital mutilation (FGM) in evidence as a "horrible practice" and added it was "absolutely right the prosecution should bring cases against people where there is evidence". | Mr Hussein highlighted that his client had condemned female genital mutilation (FGM) in evidence as a "horrible practice" and added it was "absolutely right the prosecution should bring cases against people where there is evidence". |
Speaking on the same programme, Ms Saunders said: "This case was reviewed very thoroughly and we decided there was sufficient evidence." | Speaking on the same programme, Ms Saunders said: "This case was reviewed very thoroughly and we decided there was sufficient evidence." |
She pointed out that the defence had made three applications to stop the case, and the judge had decided it should go before a jury. | She pointed out that the defence had made three applications to stop the case, and the judge had decided it should go before a jury. |
CPS defends FGM prosecution | |
FGM cases in England and Wales | FGM cases in England and Wales |
Source: CPS | Source: CPS |
Asked whether the CPS was wrong to prosecute medical professionals, she said: "The legislation is designed to make FGM a crime no matter who commits it. It's not just about the original cutting of a girl." | Asked whether the CPS was wrong to prosecute medical professionals, she said: "The legislation is designed to make FGM a crime no matter who commits it. It's not just about the original cutting of a girl." |
She urged anyone who had undergone the procedure or knew someone who had to come forward in order to help put a stop to the practice. | She urged anyone who had undergone the procedure or knew someone who had to come forward in order to help put a stop to the practice. |
FGM has been illegal in England and Wales for 30 years, but to date nobody has been specifically prosecuted for the offence. | FGM has been illegal in England and Wales for 30 years, but to date nobody has been specifically prosecuted for the offence. |
What do doctors' guidelines say? | |
By Michelle Roberts, health editor, BBC News Online | |
There are clear guidelines for doctors about FGM and its management. They were published in 2003 and updated again in 2009 and follow the word of the law. | |
The law bans the cutting of a woman if the request is driven by tradition or ritual. | |
But it: | |
The guidelines say all maternity healthcare workers must be familiar with FGM. | |
Gynaecologists and specialist nurses "should be aware of the physical and psychological implications of female genital mutilation". | |
They acknowledge that obstetricians and midwives may be asked to reinfibulate a woman - sew her back up to return her to her FGM state - following vaginal delivery. | |
But they say this should not be done. | |
Any repair carried out after birth, whether following spontaneous tearing or deliberate cutting/episiotomy (to widen the birth canal), should be "sufficient to appose raw edges and control bleeding, but must not result in a vaginal opening that makes intercourse difficult or impossible." | |
The guidelines also offer the World Health Organisation advice that the edges could be overstitched to prevent spontaneous closure of the birth canal as the tissues heal. |