Australia Supreme Court criminal trial for Bohra FGM practice

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Ozdundee
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Australia Supreme Court criminal trial for Bohra FGM practice

#1

Unread post by Ozdundee » Wed Sep 16, 2015 6:53 am

This site is created to relay the court trial, post police investigations.

The trial will run for 6 weeks.



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#2

Unread post by Ozdundee » Wed Sep 16, 2015 7:12 am

Defence team in Australia's first FGM trial claim it is 'much ado about nothing'

Girls, aged seven, took part in ceremonies which were ‘secret women’s business’ rather than genital mutilation, defence lawyers claim
The three – Shabbir Mohammedbhai Vaziri, a woman known as KM and the mother of two girls who allegedly underwent the alleged mutilation – are facing trial in the supreme court of NSW.
The three – Shabbir Mohammedbhai Vaziri, a woman known as KM and the mother of two girls who allegedly underwent the alleged mutilation – are facing trial in the supreme court of NSW.


Tuesday 15 September 2015 07.14 AEST Last modified on Tuesday 15 September 2015 07.15 AEST

Australia’s first prosecution of female genital mutilation (FGM) has been labelled “much ado about nothing” by the defence for two of the people accused of being involved in the crime, who claim that no mutilation occurred.

The trial of Shabbir Mohammedbhai Vaziri, a woman known as KM and the mother of two girls who allegedly underwent the alleged mutilation started in the New South Wales supreme court on Monday.

The mother, known as A2, is accused of arranging for two of her daughters to undergo FGM when they were each seven years old between 2010 and 2012. She is also accused of being present when the woman known as KM did the procedure.

Shabbir Mohammedbhai Vaziri, a high ranking member of the clergy in the Dawoodi Bohra Shia Muslim community, is accused of helping the two women after the fact by telling people interviewed by police to say they did not believe in or practice FGM in Australia.

Robert Sutherland SC, who is defending A2 and Vaziri, told the jury that in medical examination there was no evidence of scarring on the genitalia of the two girls and their external genitalia “appeared normal”.

“The defence will be saying what took place was not a criminal offence, it was not an injury, and it was certainly not mutilation of these girls,” he said.

“Despite the investigative forces of the state being brought because of suspicion that something barbaric happened … this was ultimately much ado about nothing.”

Sutherland said the girls had instead taken part in ceremonies which were “secret women’s business”.

The court heard that police bugged the two family cars and phones of the parents of the two girls and also placed listening devices in the waiting room where police initially conducted interviews with the parents. Hours of recorded conversations will be played to the court during the trial.


Crown prosecutor Nanette Williams said the girls were first interviewed by police at their primary school on 29 August 2013.

The older girl, known as C1, was asked by police if she knew the term “khatna” and responded it was when “they give you a little cut down there”.

The girl said she knew the term because it had happened to her and described it to police.

“[C1] recalled being taken into a bedroom and placed on a bed, she described before [the] procedure that she felt she was nervous, she was told to imagine a place she liked. She imagined [herself] as a princess in a garden,” Williams said in her opening remarks.

“She said it hurt when her private part was cut. She said she felt happy when it was over.”

C1 said her younger sister, C2, had also undergone the procedure.

During an interview C2 told the investigators that a procedure was conducted in her parents’ bedroom. She said she was lying down on bed when it happened and “felt hurting in her bottom.”

Afterwards her father told her it was ok.

The girls were each seven years old when the alleged FGM happened and are now nine and 11.

Williams told the court that police listening devices recorded A2 talking to her daughters when she picked them up from school the day of the interviews.

She asked them what they had told police and then according to Williams, A2 responded “Yes, OK, you told them everything, I told you not to say to anyone. Now we are in trouble because of this, I told you this was a big secret, we told you my child this is a big secret, never tell anyone”.

The trio are being prosecuted under NSW laws banning FGM. This is the first time people charged with carrying out FGM have faced a trial in Australia.

The trial is expected to run for six weeks.



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#3

Unread post by Ozdundee » Wed Sep 16, 2015 7:21 am

Girl told to imagine she was 'a princess in a garden' as she underwent FGM in Australia

Girl was seven when her mother and grandmother took her to a house in Wollongong to take part in the ‘khatna’ ceremony, New South Wales court told
The New South Wales Supreme Court

Tuesday 15 September 2015 17.47 AEST Last modified on Wednesday 16 September
Three people are being prosecuted over the alleged FGM of the girl, known as C1, and her younger sister, known as C2. A woman known as KM is charged over allegedly carrying out the procedure while the mother, A2, is charged with being present while it is carried out.

The supreme court of New South Wales was played a police interview with C1 which took place in August 2012. In the interview C1 told a social worker and a police officer about undergoing the “khatna” .

Asked if she knew what it was, the girl responded that she did, because she had undergone it herself.

C1 began the interview in chatty mood but when khatna came up she became very quiet and said in almost a whisper: “I don’t want to talk about that.”

When asked why, she responded: “I just don’t.”

After some prompting she told the women about being taken to a house in Wollongong to take part in the ceremony with a woman she did not know. Her mother and grandmother were present.

“The person who did it told me to close my eyes and imagine a place I like ... she asked if I liked gardens and I said gardens and she told me to imagine I was a princess in the gardens,” C1 said in the interview.

“And then she did it, she told me to think [about being a princess in a garden] so I wouldn’t feel it so much, but I did feel it a bit.”

Asked what she felt, C1 responded: “It hurt”.

Afterward C1 was given a lemonade on the bed and then had a shower.

“I felt happy because it was all over,” she said.

Asked why she had to do the khatna C1 said “because it was part of our culture and it has to happen to every girl”.

C1 will give evidence on Wednesday and watched the recording of her police interview via video link on Tuesday afternoon.

C1 and her younger sister C2, were seven when they allegedly underwent FGM between 2010 and 2012. A high-ranking member of the clergy in the Dawoodi Bohra Shia Muslim community which the family are apart of, Shabbir Mohammedbhai Vaziri, is also standing trial, accused of helping KM and A2 after the fact.

The girls are now aged nine and 11.

The defence for Vaziri and A2, Robert Sutherland SC, said he would not dispute there was a ceremony for the girls attended by only women. But he denied their genitals were mutilated or cut, instead arguing they were simply touched and the girls’ eyes were closed the entire time.


Sutherland said medical evidence would be heard that there was no actual evidence of injury, but there was a possibility there could have been injury that had healed, or a small amount of tissue could have been removed from the clitoris.

The issue as to whether there was any injury is at the forefront of this trial not whether the mother, grandmother gathered together, not whether someone read from the Koran, there was certainly a ceremony but you will not be satisfied beyond reasonable doubt there was any injury to these girls,” he said.

The defence for KM, Stuart Bouveng, said she had touched the girls’ genital area with a pair of forceps.

“There is no dispute there were other female family members present at the time, the only real issue is to determine beyond reasonable doubt whether or not each of the girls had their clitoris’ mutilated by, there is a concern whether or not there was any actual bodily harm inflicted on the girls,” he said.



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#4

Unread post by Ozdundee » Wed Sep 16, 2015 7:28 am

Australian FGM court case: girl, 11, describes 'silver tool' used on her

Girl tells court via video link about lying on a bed in a Wollongong house when she was seven imagining she was a princess in a garden
Australia’s first female genital mutilation trial continues in the NSW supreme court.

Wednesday 16 September 2015 14.39 AEST Last modified on Wednesday 16 September 2015 17.24 AEST

A girl who allegedly underwent female genital mutilation (FGM) in Australia has described seeing a woman holding a “silver tool” that looked “a bit like a scissor” on the day it allegedly happened.

However, in conversations with her father about two years after the event he insisted she had not been cut.

The girl, known as C1, was seven years old and is one of two alleged victims in the first FGM trial in Australia. The second alleged victim is her younger sister, known as C2. The prosecution claims the FGM took place between 2010 and 2012.


Girl told to imagine she was 'a princess in a garden' as she underwent FGM in Australia

Now aged 11, C1 gave evidence via video link in the NSW supreme court on Wednesday after watching a recording of her police interview in 2012, which was shown to the court.

In the interview C1 said she lay on a bed in a house in Wollongong while the procedure took place and imagined she was a princess in a garden.

Asked by the crown prosecutor, Nanette Williams, if she remember the day, C1 responded “briefly”. Asked if she remembered seeing the woman accused of carrying out the FGM, known as KM in court, C1 said, “I think so, yes.”

When asked what she saw in KM’s hands that day, she said, “It was like a silver tool.

“It looked a bit like a scissor. It had sort of a pointed, roundish, stick sort of thing and then two finger holes, I think, I’m not sure.”

C1 drew a picture of what she saw which was tendered as evidence.



Police bugged the phones and cars of the girl’s family in 2012 and in a recording played to the court the father insists to C1 that she was not cut.

“No we do not cut, we cannot cut. Nothing was cut of yours, we don’t do the cut. We can’t cut it here,” he said in the car on the afternoon of her police interview.


C1 said to her father that she had seen scissors and “they do something with scissors”.

He responded: “Not with scissors, they do forceps. Forceps is used for cleaning purposes to check up.”

The defence have previously said the girls were touched on the genitals with forceps, but not cut.

In the cross examination of C1 Stuart Bouveng, the barrister for KM, asked if she knew what a cut, a pinch and scratched. He then asked her what she felt that day lying on the bed in Woollongon when the FGM allegedly took place.

“It was short, didn’t last long, it was like a pinching or a cutting, I’m not sure,” she said.

C1 said she did not feel pain afterward when she had a shower. She also said that when her eyes were closed and she was imagining she was a princess in a garden “I felt something touch it [her genitals] and then a bit of pain and then a bit of a weird sort of feeling.”

When asked by the crown why she had used the word pinching for the first time to describe the feeling, C1 responded “It’s because I don’t really think it was a pinching it just felt a bit like it”.

“Because I’m not completely sure it was a cut although most likely it was cut, I remember a sort of pinching, I don’t really know though,” she said.

Her mother, A2, is facing trial alongside KM, and showed no reaction as she watched her daughter give evidence. When she watched the police interview of her daughter, she covered her face with her hands at times and looked towards the ground.

C1 also told of the day her younger sister allegedly underwent FGM, although she was not present in the room. She watched television downstairs in their western Sydney home.

In the police interview she said her sister did not talk about what happened to her.


“Because she knew already it happened to me,” C1 said in the 2012 interview. “Eventually she forgot about it.”

Asked if she could explain what happens during the procedure C1 grew quiet and said, after a pause: “Not very much because I’m not used to talking about it because my mum tells me not to go around telling everyone that much.”

A high-ranking clergy in the Dawoodi Bohra Shia Muslim community, Shabbir Mohammedbhai Vaziri, is also standing trial, accused of helping KM and A2 after the fact.


The defence has previously said the girls’ genitals were not mutilated and instead they took part in a ceremony which was “secret women’s business”.

The trial continues.



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#5

Unread post by Ozdundee » Wed Sep 16, 2015 7:37 am

Media releases by

The Daily Telegraph
Australian Broadcast Corporation
News.com.au
Guardian
Australian Women weekly
Herald Sun
Sydney Morning Herald
New Zealand stuff.Co. nz



kimanumanu
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#6

Unread post by kimanumanu » Wed Sep 16, 2015 7:41 am

What is the likely punishment if found guilty?

Also, it sounds like the defence is arguing for this to be treated as just a ceremony and no actual harm was done - is there any prior example of a successful prosecution in Australia?



dawedaar
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#7

Unread post by dawedaar » Wed Sep 16, 2015 12:55 pm

Given that, it's a muslim issue, the prosecutors are gonna fight aggressively and the case will be biased against the defense and the accused!
kimanumanu wrote:What is the likely punishment if found guilty?

Also, it sounds like the defence is arguing for this to be treated as just a ceremony and no actual harm was done - is there any prior example of a successful prosecution in Australia?



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#8

Unread post by Ozdundee » Wed Sep 16, 2015 3:30 pm

kimanumanu wrote:What is the likely punishment if found guilty?

Also, it sounds like the defence is arguing for this to be treated as just a ceremony and no actual harm was done - is there any prior example of a successful prosecution in Australia?
The maximum sentence is 21 years in prison, there is debate that when this incident happened the sentence was 14 years. If found guilty , then the judge will determine the length it can be from 2 years to 21 years.

What people may not know is there is a jury of 12 public who have been selected and vetted by the prosecution and defence involved they will decide for the judge whether they find the defendeds guilty or not. The judge does not decide on his own.

Making this an Islamic issue will not be the case ...keep reading and your queries will be addressed. It is also contempt of judicial process to discuss items outside the official releases. especially discuss suppressed information. Not all queries will be commented on.

Bohra bhai and other interested reformists if you see a daily update that i have been late to copy please cover me by posting the daily media releases as I am in Perth on duty for 4 weeks.



qutbiranglaya
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#9

Unread post by qutbiranglaya » Wed Sep 16, 2015 11:05 pm

Report from my reporter Raju – Sydney Australia

Dirty laundry is now being washed out in public. Thanks Ozdundee. The name of Dawoodi Bohras is being drag through the NSW Supreme Court by none other than the one who is supposed to lead and protect the community. Shame on him and his accomplices. Mr. SV is not an accessory after the fact but he is the perpetrator of the practice.

Let me give you a true story of two families in Sydney. Most Sydneysider know of this story and the families are not hiding the facts. Family A and family Z in 2012. Both families’ sons were in love with non-Muslim girls.

Family A approached Shaikh Shabbirbhai Saheb Vaziri (SV) for the girl to become a Dawoodi Bohra followed by Nikah. SV put a condition, “ I know it is against the law but I will only do nikah if the girl has khatanat done in Sydney or overseas and I must see the proof that it is done.” Family A flatly refused and went ahead with a civil ceremony. Family A did not hide this and told the episode to local Bohras.

When family Z heard of what happened, they never approached SV but flew to India. With their connections in India they got the girl’s conversion and Nikah done at a huge cost.

Now both the boys and their wives do not attend any religious functions in the masjid. Family A must be a very “khandan” family not to report the matter to the police and the Australian Government. We Sydneysiders salute them.



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#10

Unread post by Ozdundee » Thu Sep 17, 2015 7:25 am

Australian FGM case: girl describes pain after alleged procedure
The alleged victim’s mother, another woman and a Shia Muslim cleric are standing trial in Australia’s first female genital mutilation case
The outside of the Supreme Court of New South Wales


The Supreme Court of New South Wales is hearing Australia’s first FGM case.

The father of a girl who was allegedly the victim of female genital mutilation told her it was “OK” after the procedure which she described as feeling like “hurting in my bottom”.


The girl, known as C2, gave evidence in the supreme court of New South Wales on Thursday in
Australia’s first trial on FGM charges. Her mother, known as A2, is standing trial along with a woman known as KM, who is charged with performing FGM on C2 and her older sister.

C2, now nine, gave evidence but mostly responded in one syllable answers or with “I don’t know”. A recording of her police interview in 2012 in which C2 answered yes when asked if she was cut on her genitals, was played to the court.

When asked what she felt when she was allegedly cut, C2 responded “hurting”. When asked where she felt the hurting, she said “in the bottom”.

C2 said she did not still feel the pain. She told police she had spoken to her father afterwards and he had told her “it is OK”.

C2’s older sister previously gave evidence that she imagined she was a princess in a garden when the alleged FGM happened.

The court has heard evidence from the medical examination of the girls which found it could not be confirmed if the sisters were cut on their genitals. The doctor who examined them said it is possible if they were cut it has healed, and it is also possible some tissue from their clitoris is missing.


In her report the doctor wrote she could not visualise the tip of the glands of the clitoris when examining the girls.


Girl told to imagine she was 'a princess in a garden' as she underwent FGM in Australia

The defence called professor Sonia Grover, from the University of Melbourne, to give evidence on the medical report as she has spent decades working with women affected by FGM.

“I think you have to be quite careful what conclusion you draw [from not being able to see the tip of the glands of the clitoris] because in a little girl this is a sensitive area … girls are going to pull their legs together, it might be uncomfortable to do [the examination], so it might limit your capacity to see the tip,” she said.


Grover said it was not unusual not to be able to see that area in a young girl. She said it was a possibility “something’s been done and the tip has been removed”, but there are other possible explanations for not being able to see it.

She said such a procedure would not be able to be done without pain or without bleeding.


“If [a cut to the clitoris is] minimal as anything then it hardly counts as trauma and you wouldn’t see anything if you’d actually done that, but then it’s hard to prove anything had happened,” Grover said.

Grover said she had not heard of the term “khutna”, which is the cultural term used by C1 for what allegedly happened to her.

The defence has previously said while a ceremony did take place when each girl was seven years old, it was “secret women’s business” and did not involve FGM. Instead, the defence says, the girls were “touched” on the genitals with forceps.

Shabbir Mohammedbhai Vaziri, a high-ranking member of the clergy in the Dawoodi Bohra Shia Muslim community of which the family is a part, is also standing trial, accused of helping KM and A2 after the fact.



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#11

Unread post by Ozdundee » Thu Sep 17, 2015 7:59 am

indian media

http://scroll.in/article/755852/in-aust ... -daughters

In Australia, three Dawoodi Bohras face Supreme Court trial for circumcising their daughters
Female genital mutilation is illegal in Australia. But in India, where Dawoodi Bohras are the only known community to practice the ritual, there is no law against it.
Aarefa Johari · Today · 12:30 pm

UK media

http://www.independent.co.uk/news/world ... 04957.html



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#12

Unread post by Ozdundee » Thu Sep 17, 2015 8:06 am

case dates, judge and location

10 Sep 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Hearing
Justice P Johnson
Supreme Court Sydney King St Building
Court 5 King Street Sydney 3

11 Sep 10:00 am 2012/00285639 CCA Appeal SHABBIR MOHAMMEDBHAI VAZIRI v R Criminal Supreme Court Judgment
Justice J Basten
Justice M Adams
Justice RA Hulme
Supreme Court Sydney Law Courts Building
Court 12D Queens Sq 4

14 Sep 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney King St Building
Court 5 King Street Sydney 3

15 Sep 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney King St Building
Court 5 King Street Sydney 3

16 Sep 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney King St Building
Court 5 King Street Sydney 3

17 Sep 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney King St Building
Court 5 King Street Sydney 3

21 Sep 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney King St Building
Court 5 King Street Sydney -

22 Sep 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney King St Building
Court 5 King Street Sydney 3

23 Sep 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney King St Building
Court 5 King Street Sydney 3

24 Sep 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Unassigned
Supreme Court Sydney King St Building
Court 5 King Street Sydney 3

25 Sep 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Unassigned
Supreme Court Sydney King St Building
Court 5 King Street Sydney 3

28 Sep 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Unassigned
Supreme Court Sydney Unassigned -

29 Sep 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Unassigned
Supreme Court Sydney Unassigned -

30 Sep 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Unassigned
Supreme Court Sydney Unassigned -

01 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Unassigned
Supreme Court Sydney Unassigned -



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#13

Unread post by Ozdundee » Thu Sep 17, 2015 9:17 am

11 Sept 2015

Prosecution convinced three seating Judges
Justice J Basten
Justice M Adams
Justice RA Hulme

that there was sufficient evidence and material for trial to proceed as the defense challenged. This goes to show the strength of the prosecution.

Current judge is Peter Johnson



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#14

Unread post by Ozdundee » Fri Sep 18, 2015 7:16 am

UK media Yahoo also now runNing the story

https://uk.news.yahoo.com/australia-sev ... 09001.html

A young girl in Australia recalled how she was told to imagine that she was "a princess in a garden" before she was forced to go through female genital mutilation at the age of seven in 2009. The unidentified girl belongs to a family that is part of the Dawoodi Bohra community in Sydney, which is a branch of Shia Islam.



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#15

Unread post by Ozdundee » Tue Sep 22, 2015 6:34 am

'I don't want to go to jail', 71yo accused of genital mutilation says in conversation played to Sydney court
By Claire Aird


A NSW Supreme Court trial into the alleged genital mutilation of two young girls in Sydney and Wollongong has heard a tearful conversation between the woman accused of performing the procedures and a sheikh.


The former midwife, a member of Sydney's Dawoodi Bohra community, allegedly performed female genital mutilation (FGM) procedures on the two sisters at different points between 2009 and 2012 when each of the girls was seven years old.

Also standing trial is the girls' mother, for allegedly arranging the procedures, and senior clergy member Shabbir Vaziri, who is accused of being an accessory after the fact.

"I am quite in trouble," the 71-year-old former midwife, who cannot be named, said in a recording of the conversation, weeping as she spoke.

"I do not want to go to jail at my age."

The jury was played a series of phone conversations, translated from two Indian languages, that were recorded by police during their investigation in 2012.

In one, the girls' father, who also cannot be identified, spoke with Vaziri, sharing his concerns about an impending police interview.

"Those people will ask us everything ... 'Whether you practice circumcision or not', and all that," he said.


Vaziri advised him to be careful about what he said to the police.

"If you will tell anyone at all that, if you will say, 'Yes, has been done', then also there will be trouble," Vaziri said.


'We had a check on her and that was it'

The father of the girls then called the former midwife.

The pair agreed to say the 71-year-old was called to check that the girls had not undergone FGM on trips to India and Africa.

"We can just say, 'We had a check on her and that was it'," the former midwife said in the conversation, played to the court.

The father said: "If the worst-case scenario, if someone comes to ask you, you say, 'Yes, as far as I can see, there is nothing been done'."

"And if it has been done, bad luck, it has been performed in Africa."

The defence has previously told the trial the former midwife was asked by the girls' mother to perform "a symbolic ceremony" only on her daughters, who were never cut.


The trial continues.

From guardian

“Now, this one girl has spoken something to someone in the school. Now, then, have called that one’s parents to the police.



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#16

Unread post by Ozdundee » Tue Sep 29, 2015 4:42 pm

Genital mutilation: Blame led to ‘blessings’, says Islamic religious leader
CARLEEN FROST
THE DAILY TELEGRAPH
SEPTEMBER 22, 2015 12:00AM

http://m.dailytelegraph.com.au/news/nsw ... 7537581198


A RELIGIOUS leader told ­detectives that the members of his sect charged with the genital mutilation of two young sisters had come to him seeking “blessings” once police began investigating the case.

In a series of recorded interviews played to the Supreme Court yesterday, Shabbir Mohammedbhai Vaziri — the Sydney head of the Shia Islamic Dawoodi Bohra sect — told detectives from the NSW Police Sex Crimes Squad he had “petitioned blessings”, or prayed for them.

“Those people just told me that much, that such blame has come on us, has befallen on us, please petition for blessings for us,” he said through an ­interpreter.

Vaziri said he wasn’t aware any of his teachings conflicted with NSW laws.

When he was questioned about ­female genital mutilation, the cleric asked detectives: “What is it?”


Vaziri has pleaded not guilty to being an accessory after the fact, while the girls’ mother — known in court as A2 for legal reasons — and ­retired midwife KM — who is ­alleged to have performed the procedures — have both pleaded not guilty to charges of female genital mutilation.

A2 and KM have also pleaded not guilty to two charges of assault occasioning actual bodily harm in company.

LINK TO AFRICA

It is alleged the procedures were performed at homes in Wollongong and Baulkham Hills at some time between 2009 and 2012.

Yesterday the Supreme Court trial was also played a recorded police interview with the girls’ mother, who said she knew of friends and family members who had undergone female genital mutilation in Africa — including a young girl who was roughly her daughters’ age in Nairobi.

She told the detectives she did not believe that either of her daughters had been subjected to female genital mutilation but believes they were instead examined.

She answered “yes” when asked if there was a possibility the practice may have been performed on her daughters while in Africa early in 2012.


She said that she spoke about female genital mutilation with the girls upon returning to Australia.

“Because they were talking a lot about it when we came back also, so I just say that just to make sure that, well, I had left them a couple of times with Mum, ah, when I was in Africa so (I was) just concerned that hadn’t been done.”

The Supreme Court trial continues before Justice Peter Johnson.



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#17

Unread post by Ozdundee » Tue Sep 29, 2015 4:59 pm

Non-publication & suppression orders​: Court proceedings and documents can be suppressed or temporarily prohibited from publication by a legislative provision (for example, section 15A of the Child (Criminal Proceedings) Act 1987) or by the order of a judicial officer. The publication inadvertent or otherwise of suppressed information can have serious consequences for the administration of justice. For example, criminal trials can be prejudiced and even aborted, protected witnesses can be placed in danger, and commercially sensitive or confidential information can be revealed. .




kimanumanu
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#19

Unread post by kimanumanu » Wed Sep 30, 2015 1:00 pm

This is old article from 2014 before the current on-going trial?



Ozdundee
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Joined: Wed May 29, 2013 6:57 am

Re: Australia Supreme Court criminal trial for Bohra FGM practice

#20

Unread post by Ozdundee » Wed Sep 30, 2015 5:11 pm

kimanumanu wrote:
This is old article from 2014 before the current on-going trial?
Current trial is continuation of previous trial, all evidence is resubmitted ..if you read my previous comment. ..it implies media is restricted from publishing until after the trial. if you want the details attend the trial in person without a recording device.



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#21

Unread post by Ozdundee » Wed Sep 30, 2015 5:16 pm

The director of paediatric and adolescent gynaecology at Royal Children’s Hospital Melbourne was testifying at the trial of a mother charged with the genital mutilation of her two daughters.

The mother and a retired midwife, who allegedly carried­ out the procedure, have both pleaded not guilty to charges of female genital mutilation while high-ranking Shia shiek Shabbir Mohammedbai Vaziri of the Dawoodi Bohra sect has pleaded not guilty to being an accessory after the fact.

It is alleged the two girls underwent the procedure at two homes in Wollongong and Baulkham Hills sometime between October 2009 and August 2012.

Prof Grover was called by the defence to give her expert opinion on a medical examination of the girls at The Children’s Hospital at Westmead, which found that although each sisters’ clitoral tissues looked normal­ the head of the clitoris could not be seen on either­ child.

Prof Grover said if there had been a cut or a nick to the clitoral head there may have been no trauma. “If it is as minimal as anything it hardly counts as trauma and you would not see anything if you had done that … it is hard to prove anything has happened,” she said.

When cross-examined by Crown prosecutor Nanette Williams about what she meant by “trauma,” Prof Grover said she was talking about “tissue trauma” and “clearly not any other form of trauma”.

Prof Grover told the jury that the clitoral head is not visible in about 40 per cent of young girls and if it was cut it would cause a lot of pain and bleeding.

The older girl had previously given evidence that she did not see blood after she experienced a “pinching or a cutting”.

The defence claim the procedure was a “ritualistic ceremony” and the girls were never injured. The trial continues on Monday.



dawedaar
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#22

Unread post by dawedaar » Thu Oct 01, 2015 12:17 pm

Looks like Prof Grover got faakhri najwa!
Ozdundee wrote:The director of paediatric and adolescent gynaecology at Royal Children’s Hospital Melbourne was testifying at the trial of a mother charged with the genital mutilation of her two daughters.

The mother and a retired midwife, who allegedly carried­ out the procedure, have both pleaded not guilty to charges of female genital mutilation while high-ranking Shia shiek Shabbir Mohammedbai Vaziri of the Dawoodi Bohra sect has pleaded not guilty to being an accessory after the fact.

It is alleged the two girls underwent the procedure at two homes in Wollongong and Baulkham Hills sometime between October 2009 and August 2012.

Prof Grover was called by the defence to give her expert opinion on a medical examination of the girls at The Children’s Hospital at Westmead, which found that although each sisters’ clitoral tissues looked normal­ the head of the clitoris could not be seen on either­ child.

Prof Grover said if there had been a cut or a nick to the clitoral head there may have been no trauma. “If it is as minimal as anything it hardly counts as trauma and you would not see anything if you had done that … it is hard to prove anything has happened,” she said.

When cross-examined by Crown prosecutor Nanette Williams about what she meant by “trauma,” Prof Grover said she was talking about “tissue trauma” and “clearly not any other form of trauma”.

Prof Grover told the jury that the clitoral head is not visible in about 40 per cent of young girls and if it was cut it would cause a lot of pain and bleeding.

The older girl had previously given evidence that she did not see blood after she experienced a “pinching or a cutting”.

The defence claim the procedure was a “ritualistic ceremony” and the girls were never injured. The trial continues on Monday.



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#23

Unread post by Ozdundee » Thu Oct 01, 2015 4:57 pm

The first alleged case of female genital mutilation in Australia is bringing light to a practice that was thought to have existed only in Africa. The cases involved the two young girls, their mother who planned the procedure and a woman who performed the mutilation, all are to be named anonymous due to the ongoing case.

http://www.healthaim.com/female-genital ... alia/28834



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#24

Unread post by Ozdundee » Mon Oct 05, 2015 4:15 pm

Trial continues dates
07 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney King St Building
Court 5 King Street Sydney -
08 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney Unassigned -
09 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney Unassigned -
12 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney Unassigned -
13 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Unassigned
Supreme Court Sydney Unassigned -
14 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Unassigned
Supreme Court Sydney Unassigned -
15 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Unassigned
Supreme Court Sydney Unassigned -
16 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney Unassigned -
19 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Unassigned
Supreme Court Sydney Unassigned -
20 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Unassigned
Supreme Court Sydney Unassigned -



Ozdundee
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Joined: Wed May 29, 2013 6:57 am

Re: Australia Supreme Court criminal trial for Bohra FGM practice

#25

Unread post by Ozdundee » Tue Oct 13, 2015 5:17 am

Grandmother accused of not telling the truth at Australian FGM trial
Woman was in the room when granddaughters allegedly underwent procedure but tells court she was too busy praying to see what happened to them

The NSW supreme court in Sydney

A grandmother who was present when her two granddaughters are alleged to have undergone female genital mutilation has been accused of not telling the truth in court.

The grandmother, known as A5, was in the room when her granddaughters, known as C1 and C2, allegedly underwent FGM between 2010 and 2012, known to the Dawoodi Bohra Shia Muslim community as “khatna”.

In the first trial of FGM in Australia, A5 told the New South Wales supreme court on Monday she did not know what khatna was and when the girls allegedly underwent the procedure she did not see what happened to them as she was too busy praying.

“It’s not my work so I don’t know,” she said. “I don’t have any kind of idea because I have not seen it myself.”

A5, who is the mother of the girls’ father, conceded khatna had taken place on both occasions but she would not say what khatna was.

A woman known as KM, who allegedly performed the FGM on the girls, their mother and a leader in their community, Shabbir Mohammedbhai Vaziri, are facing trial over the alleged FGM.

In previous evidence A5 said she was not aware that khatna happened in Australia and the crown prosecutor Nanette Williams put it to her that she was “not telling the truth”.

A5 maintained she was not aware khatna happened in Australia before her granddaughters’ ceremonies.

Williams accused A5 of willingly not telling the truth about what she had seen. “I did not see it because I was reciting Qur’an, because they might have told you khatna procedure is symbolic,” she said through an interpreter.

A5 had previously told the court the khatna was just a “checkup” and Williams said this was the first time A5 had said it was symbolic.

Williams asked her if someone had told her to use the word symbolic and why she had previously said checkup and was now saying symbolic. “Yes I spoke that but I can’t tell the proper meaning of all the words,” A5 said.


“Neither of those words checkup or symbolic is the truth because you knew khatna was causing injury to both of your granddaughters,” Williams responded, to which A5 said: “I do not know who was injured, I have not seen anything.”

The court has heard a taped phone conversation in which Vaziri, a high-ranking member of the clergy, tells A5 that if she is questioned about khatna by police to say “no comment”.

A5 was arrestedin relation to the alleged FGM and told police she did not wish to comment. She was eventually advised the charges against her would not proceed.

The court has previously heard evidence from C1 and C2. C1’s khatna ceremony was allegedly carried out at the home of KM and C2’s at the family home in western Sydney.

C1 has described imagining she was a princess in a garden while the alleged FGM was taking place and C2 described “feeling hurting” in her “bottom” during it.

Medical evidence as to whether FGM has been carried out on the pair has been inconclusive.

The trial continues.



Ozdundee
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Joined: Wed May 29, 2013 6:57 am

Re: Australia Supreme Court criminal trial for Bohra FGM practice

#26

Unread post by Ozdundee » Tue Oct 13, 2015 5:34 am

Woman who allegedly allowed female genital mutilation lied 'to save herself'
In first FGM trial in Australia, woman who allegedly helped facilitate FGM of girl aged seven says ‘everyone was in a panic, but in the end I told the truth’


A woman who allegedly allowed the female genital mutilation of a seven-year-old girl to take place in her house has admitted in court she helped hatch a plan to lie about it to “save my skin”.


The woman, known as A3, allegedly helped facilitate the FGM of a girl known as C1 when she was seven years old, between 2010 and 2011.

She gave evidence at the first trial to prosecute FGM in Australia on Tuesday. The girl’s mother, known as A2, is standing trial along with a woman known as KM who is accused of carrying out the FGM on C1 and her younger sister C2, when they were each seven years old.

The alleged FGM took place in a “khatna” ceremony each girl underwent after they turned seven. C1’s alleged FGM took place at A3’s home in Wollongong, south of Sydney.

Defence team in Australia's first FGM trial claim it is 'much ado about nothing'

The supreme court was played a phone conversation between A3 and the girls’ mother in 2012 after the girls had been questioned by police. The pair hatched what is being referred to in court as “the Africa story”.

“We just said no, they haven’t got that [FGM] performed, we said that [KM] has just done the check only, if it would have happened then it would have happened in Africa and we don’t have information about that,” the girls’ mother said in the conversation
.

The pair planned to tell police the girls had just undergone a “check-up” as part of the khatna ceremony and if the girls did have FGM then it had happened in Africa.

Crown prosecutor Nanette Williams put it to A3 that she had “agreed to become part of a lie”.

“It was a lie … everyone tries to save their skin. Everyone was in a panic, but in the end I told the truth,” she responded.

A3, a senior woman in the Dawoodi Bohra Shia Muslim community, has told the court she agreed to let the khatna ceremony happen in her home but she was only in the room with C1 for “two minutes” before she left because she was more concerned with the food she was going to serve her guests.

The court has heard the khatna ceremony for young girls is a type of coming-of-age ceremony involving prayers and the cutting of the clitoris.

A3 says she does not know what is involved in khatna.

“I have no children, I am not interested, I don’t try to find out about it,” she said.

In a phone call played to the court, A2 rang A3 straight after the girls had been medically examined and told her the doctor could not confirm the girls had their clitorises cut.

“I believe that it is not visible, they couldn’t even see it, however I think that matter is not going to finish here,” the mother told A3.

A3 was angry during the phone call and suggested they should mount a counter case against the police.


Asked in court if she was angry because she though she was going to be charged in relation to FGM, A3 responded: “it was affecting the children, that’s why I was angry”.

In another phone call played to the court, A3 talked to the girls’ mother about genital piercing.

“I was talking with [name withheld] about how funny it is, look at body piercing where it is,” she said, to which the girls’ mother responded: “ha ha, that no problem”.

“No problem about it, ridiculous laws they have,” A3 said.

When asked if she was referring to FGM laws and people being allowed to pierce their genitalia, A3 said she was just talking about laws and it was not because she believed in anything in particular.

Asked if she thought the FGM laws in NSW were ridiculous because she wanted the tradition to be continued, A3 responded “no, no”.

A3 was initially arrested and charged by police, but charges have since been dropped.

The grandmother of the girls, known as A5, was accused of lying to the court on Monday when she said she was not aware khatna happened in Australia until the ceremonies of her granddaughters.

She was present at the khatna of each girl, which took place between 2010 and 2012, but said she was too busy praying and did not watch what happened to them.

Each girl has previously told the court they were laid on a bed with nothing covering their genitals during the ceremonies.

C1 has described imagining she was a princess in a garden while the alleged FGM was taking place and C2 described “feeling hurting” in her “bottom” during it.

Medical evidence as to whether FGM has been carried out on the pair has been inconclusive.

The trial continues.



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#27

Unread post by Ozdundee » Tue Oct 13, 2015 5:48 am

This post was deleted by Admin/Moderators:

From now on all external links to other URLs, YouTube video and so on will be deleted unless a brief summary is provided as to why that is relevant to current topic.

Readers please use caution and your own discretion before clicking on any external links provided by forum writers.


For this post, Ozdundee may repost the link with appropriate description

The media briefing g courtesy of



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#28

Unread post by Ozdundee » Wed Oct 14, 2015 7:40 am

Father in FGM trial tells court he lied to police about what he knew of ceremony
Father and mother were interviewed by police and then placed in a room with a listening device, the New South Wales supreme court hears
y,


The mother of two girls who allegedly underwent female genital mutilation told her husband “just a little bit” when her husband asked if the ceremony involved cutting their clitorises, a court has heard.

The first trial of FGM in Australia is being heard in the New South Wales supreme court with the mother of the two alleged victims charged along with an older woman known as KM, who is accused of carrying out the FGM, and Shabbir Mohammedbhai Vaziri, a leader in the Dawoodi Bohra Shia Muslim community.

When the parents were initially interviewed by police in 2012 a listening device was placed in the waiting room and after he had talked to police, their father, known in court as A1 met his wife in the room.

“It took a long time, they asked many things, they ask me do you have any idea what they do in circumcision, I tell them I don’t know anything, if they ask you say you do not know … in us do they cut skin?” he asked her.

The mother responded: “No they just do little bit, just little.”

The father admitted in court he had not told police the truth when he said he did not know what khatna, the ceremony the girls took part in, involved.



“She explained to me it involved placing forceps in genitalia, and saying Qur’anic verses,” he told the court of what his wife told him khatna involved.

In previous evidence the father had said it involved “some sort of metal on on the private parts” and when asked by crown prosecutor Nanette Williams why he had changed evidence from “in” genitalia, to “on”, A1 said “I’m not sure where the forceps are placed, but it’s on the private parts somewhere”.

A1 also admitted he had not told the truth to the police when he said in 2012 he did not know what khatna involved.

“I knew what khatna was, I knew what my girls went through, I didn’t tell the truth to the police,” he said.

Asked by Williams if khatna involved an injury to genitalia, he responded: “not in my girls.”


The alleged FGM was allegedly carried out on the girls, known as C1 and C2, when they were each seven years old, between 2010 and 2012.

A conversation between A1 and C1 was recorded in 2012 in which C1 talked about being cut.

“You have no cut, we do not do cut, no we do not cut, we cannot cut, nothing was cut of yours, we cannot do the cut here,” her father responded.

When C1 said she had seen scissors during her khatna, her father said it was forceps that she saw, not scissors.

“Forceps used for cleaning purposes, for a check up,” he said.

The court has previously heard about the “Africa story”, a lie the mother and others had agreed to tell that part of the khatna that took place in Australia was a “check up” and if the girls had been cut it was in Africa.

The trial continues.



Ozdundee
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Joined: Wed May 29, 2013 6:57 am

Re: Australia Supreme Court criminal trial for Bohra FGM practice

#29

Unread post by Ozdundee » Thu Oct 15, 2015 1:40 am

A complete page created by the Guardian media group to publicise the Dawoodi Bohra FGM case and relevant topics of FGM
http://www.theguardian.com/society/fema ... mutilation



Ozdundee
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Re: Australia Supreme Court criminal trial for Bohra FGM practice

#30

Unread post by Ozdundee » Mon Oct 26, 2015 5:29 am

Trial continues
Court room List no.
26 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney King St Building
Court 5 King Street Sydney 3
27 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney King St Building
Court 5 King Street Sydney 3
28 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney King St Building
Court 5 King Street Sydney 3
29 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney King St Building
Court 5 King Street Sydney 3
30 Oct 10:00 am 2012/00285639 R v SHABBIR MOHAMMEDBHAI VAZIRI Criminal Supreme Court Trial
Justice P Johnson
Supreme Court Sydney Unassigned -