Court Interpreter's Translation Errors Expose Systemic Failures in Irish Justice System
A damning investigation has revealed that a court interpreter whose translation errors led to the overturning of Ireland's first female genital mutilation conviction continued working on over 240 additional cases, exposing serious flaws in our justice system's approach to language services.
The interpreter was central to the 2019 trial of an African couple who were wrongfully convicted and imprisoned for the FGM of their 21-month-old daughter. The family maintained throughout that their child's injury was accidental, caused by falling on a toy at home.
A System That Failed a Family
The Court of Appeal found "serious, and potentially far-reaching, inaccuracies" in the interpretation that rendered the convictions unsafe. This landmark 2021 ruling marked the first time in Irish legal history that translation issues alone were grounds for a successful Circuit Court appeal.
Despite this unprecedented ruling, RTÉ's investigation reveals the same interpreter continued working in criminal proceedings until December 2023, assisting in at least 246 court cases across Ireland between December 2016 and late December 2023.
Dr Mary Phelan, Chair of the Association of Translators and Interpreters Ireland, analysed 100 minutes of testimony and compiled a devastating 150-page report documenting the failures. "The family was totally failed, really, by the poor interpreting in this trial," Dr Phelan stated.
Basic Errors, Devastating Consequences
The interpreter's errors were not minor technical issues but fundamental failures that prevented the accused from telling their side of the story. Basic medical and legal terms were mistranslated, including confusion between body parts like feet and legs.
Most shocking was the interpreter's failure to learn how to say "FGM" in French, despite this being central to the case. The confusion extended to crucial evidence about the toy the child allegedly fell on, leaving the jury unable to understand the defence's explanation.
No Standards, No Accountability
Ireland's approach to court interpretation lacks the rigorous standards found in other European countries. While EU Directive 2010/64/EU requires quality standards for interpretation in criminal proceedings, Ireland has no state training, certification, or central register for legal interpreters.
Associate Professor Niamh Howlin from UCD's Sutherland School of Law explained: "In other countries, to be a legal interpreter, you must go through state accredited training. In this country, we don't have those safeguards."
The Association of Translation and Interpreting has been raising these concerns for almost 25 years, submitting reports in 2002, 2008, 2011, and 2020. Yet little has changed.
The Human Cost
The wrongfully convicted couple, whose names have been changed to protect their children's anonymity, spent years in prison before their convictions were overturned. A second trial in 2023 was inconclusive, and in 2024, the Director of Public Prosecutions entered a nolle prosequi, effectively abandoning the prosecution without acquittal.
The couple's legal teams have now applied for a certificate of miscarriage of justice, with hearings scheduled for January 2026.
Growing Costs, Growing Problems
The cost of translation services has more than doubled since 2020, rising from €1.2 million to over €2.5 million by September 2024. Translation.ie, the company that provided the flawed interpreter, has made profits exceeding €15 million since 2020 while maintaining its contract with the Courts Service.
As Ireland's population becomes increasingly diverse, the demand for interpreters will only grow. Dr Phelan warns that a whole-of-government approach is needed to address these systemic failures.
A Call for Justice Reform
This investigation, detailed in RTÉ's six-part podcast series and documentary "First Conviction," exposes how our justice system's failure to ensure quality interpretation can destroy innocent families and undermine the fundamental right to a fair trial.
The time has come for Ireland to implement proper standards, training, and accountability for court interpreters. Our commitment to justice demands nothing less than ensuring every person, regardless of language, receives a truly fair trial.