Former PhD student jailed in ‘landmark’ case over plot to commit FGM

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A former PhD student has been sentenced to four-and-a-half years in prison after he became the first person to be convicted of conspiracy to commit female genital mutilation in England and Wales.

Emad Kaky was found guilty of conspiracy to commit FGM and forced marriage following a two-week trial after he made travel arrangements for a young girl to travel from the UK to Iraq.

The defendant was sentenced by Judge Nirmal Shant KC at Nottingham Crown Court on Thursday, who called the planned offence “barbaric”.

The Crown Prosecution Service (CPS) said the 47-year-old’s conviction is a “landmark” case and is the “first of its kind”.

The jury heard that Kaky, from Swansea, had booked and paid for the trip to Iraq while he was living in Nottingham before his plans were discovered by a witness who reported him to the police.

Messages retrieved from his mobile phone also showed that he  “clearly” intended to subject the girl to female genital mutilation, the CPS said.

Kaky defended his actions when a witness challenged him by calling FGM “normal”, it added.

Junior defence barrister Geraldine Kelly told the court: “There had been no procedure carried out and she was unaware of the intention for it to be carried out.

“Without that procedure being carried out, (the intended victim) did not sustain that physical and mental trauma.”

She said that Kaky’s academic accomplishments as a PhD student at the University of Nottingham were “respected” and “impressive” and that losing his job was “in itself a form of punishment”.

Sentencing the defendant, who stood in the dock wearing a grey jumper and blue trousers, the judge called what Kaky had planned “barbaric”.

She added: “When considering the seriousness of the offence I look not just at the harm that occurred, it didn’t in this case but, in fact, the intended harm.

“You made concerted efforts to make sure this happened. I make, nonetheless, some adjustment for the fact that no FGM took place, and importantly, thankfully, (the girl) was unaware of any of these plans.

“This offence calls for a deterrent sentence. What you did, what you had planned, was barbaric.”

Janine McKinney, Chief Crown Prosecutor for CPS East Midlands, said: “Today, Emad Kaky has faced the consequences of his actions in trying to get a young, innocent girl subjected to female genital mutilation and to be forced into a marriage not of her choosing.

“Had he succeeded in his plans, this child would have suffered unimaginable physical and mental harm.

“During the trial we presented evidence that the defendant considered this behaviour to be normal. The law is clear that there is no place for this unacceptable practice in society and the Crown Prosecution Service, police and other law enforcement agencies will work together to bring perpetrators to justice.

“This has been a landmark prosecution, not just because it is the first conviction of its kind, but for the message it sends to people who may be vulnerable to this horrific form of abuse.

“Where there is evidence that people have plotted to commit these offences, they face prosecution, whether or not they succeed.”

Jaswant Narwal, CPS national lead for “honour”-based abuse, female genital mutilation and forced marriage, said: “The important part is it has a deterrent effect. Deterrence is really important in the way we can protect women and girls from these vile offences.

“FGM cases are complex and difficult for us to gather the evidence in order to build the case to the correct standard.

“These offences happen in close-knit communities, therefore victims are reluctant to disclose the fact that this has happened to them.

“Sometimes they are not aware they are victims of FGM because it’s normalised so much. They are educated in a way to accept it as part of their cultural tradition.

“We treat these cases very seriously.”

The University of Nottingham said Kaky was a visiting scholar at the university when the offences came to light.

A spokesperson for the university said: “There is no place for such barbaric offences in our society and our thoughts are with those who have been affected by these actions.

“Following the arrest of Emad Kaky, the university ended its association with him and withdrew the invitation to him as a visiting academic.”