Jail for professor who tried to arrange young girl's circumcision

Emad Kaky's case was the first of its kind in England and Wales

A former University of Nottingham academic who tried to arrange for a girl to be circumcised and forced into marriage in Iraq has been jailed for four and a half years. In the first prosecution of its kind in England and Wales, a trial at Nottingham Crown Court heard how Emad Kaky said the young victim was "not going to die - a lot of people are practising it”.

The 47-year-old, formerly of Nottingham and now of Swansea, denied any involvement in trying to commit the crime, which was not actually carried out. But a jury took just five hours to convict him of conspiracy to commit female genital mutiliation (FGM) and forced marriage.

Sentencing him, Judge Nirmal Shant KC said: “FGM is a barbaric practice and a serious crime which involves deliberate physical mutilation. It is usually inflicted in circumstances where the woman is young and vulnerable. The FGM and the forced marriage did not occur but that is only because of the bravery of (a witness). Importantly and thankfully (the victim) was unaware this was the plan but what you had planned was barbaric.

“In terms of mitigating factors, you are 47 years of age and a professional man with no previous convictions and I accept there is a very low risk of you reoffending again.”

The two-week trial heard how Kaky’s role in the crime was uncovered by a witness who told the police they had seen messages from him in which he said to them “all of my tribe had done it and they lead a normal life, nothing happened to them” and “this is not killing, this is something normal".

Prosecutor Duncan Atkinson KC, when he opened the trial, said at the time of the offence, Kaky, now of Neath Road, was at the University of Nottingham having studied for a PhD there.

He said: “There are a number of different types of FGM which have been identified by the World Health Organisation involving partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons. It does involve the infliction of serious injury on the female on whom it is performed.

“There were messages between the defendant and (a witness) in which he said ‘this matter will last less than two days’. (There are also messages in which he said) ‘she is not going to die, a lot of people are practising it, and ‘all of my tribe had done it and they lead a normal life, nothing happened to them. This is not killing, this is something normal’.”

Mr Atkinson said the matter was reported to the police and an investigation began. He said: “The defendant was arrested and interviewed. Two mobile phones were seized, one of which was found to contain some, but not all, of the messages shown on screenshots taken from (a witness’s) phone. The missing messages are those that refer to FGM.

“You might conclude this is not a coincidence and shows that the defendant recognised his actions, and his messages relating to FGM represented criminal conduct. He provided an account in interview to the effect that he had never heard of FGM and denied he had been involved in arranging that (the female) was to be subjected to it.

“He prepared a lengthy prepared statement (in which) he denied ever entertaining the idea of FGM.”

In mitigation, the court heard how no FGM procedure was actually carried out on the victim who was “completely unaware what was being planned” by Kaky, who has no previous convictions of any kind. “He had a very well-respected position as a professor and was thought of well by those who worked with him.

“He is a changed man, this case has engulfed his life,” his barrister Geraldine Kelly said. The victim’s identity is protected by law and as such comments are disabled on this story. As well as the jail term, the judge placed Kaky on the sex offender register for life.

A University of Nottingham spokesperson 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.”

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.”