An elderly woman has pleaded not guilty to performing female genital mutilation on two young sisters.
The woman, who cannot be named for legal reasons, will stand trial next year alongside the girls’ mother and a man.
Chief Justice Tom Bathurst has allowed the case to be heard in the Supreme Court as it is the first time in NSW - and possibly Australia - that a person or people have been prosecuted for such an offence.
On Tuesday, senior Crown prosecutor Mark Tedeschi, QC, said the case would tackle a number of “significant legal issues” including the scope of female genital mutilation covered under the Crimes Act. The maximum penalty is 21 years’ jail.
The woman is charged with mutilating the clitoris of a young girl between October 18, 2010 and October 20, 2011 at Wollongong.
She is also charged with mutilating the clitoris of that victim’s younger sister between January 1, 2012 and August 29, 2012 at Baulkham Hills.
She is also charged in the alternative with two counts of assault occasioning actual bodily harm in company.
Using a walking stick for support, the woman entered pleas of not guilty to all four charges.
She has previously been described by police as a retired nurse.
Mr Tedeschi said there was a question as to the girls’ competency to give evidence during the trial.
He said a solicitor representing the girls had indicated there would be an application to allow them to avoid taking the stand.
The girls are now aged about 10 and 8.
Mr Tedeschi said the case would rely on medical evidence, evidence from the girls as well as telephone intercepts.
While the Crown is no longer pursuing charges against the girls’ father, Mr Tedeschi alleged he was recorded having conversations about the practice.
“He [the father] has been taped having some phone discussion in which he acknowledges female genital mutilation has occurred.”
During the intercepted conversations, it is alleged the word “khatna” was used.
“I would anticipate some dispute between what that term means and what that term involves,” Mr Tedeschi said.
Female genital mutilation, sometimes called female circumcision, includes procedures that intentionally alter, remove or cause injury to female genitals for non-medical reasons.
It has no health benefits and can cause severe problems including problems urinating, infertility and complications in childbirth.
It is recognised internationally as a violation of human rights. However, it still occurs, mostly in Africa and the Middle East.
The trial is scheduled for August next year.