A retired nurse and the mother of two young girls have each been found guilty of carrying out female genital mutilation in Australia’s first prosecution of an FGM case.

The mother and the nurse, who was referred to as KM, were both found guilty of carrying out FGM on each sister between 2009 and 2012 by a jury in the NSW supreme court on Thursday.

Another defendant, Shabbir Mohammedbhai Vaziri, a spiritual leader in the Dawoodi Bohra Shia Muslim sect, was found guilty of being an accessory after the fact by attempting to help cover up the FGM after police began investigating.

The FGM had been carried out on the sisters, now aged 10 and 12, when they were each about seven years old.

The older sister, known as C1, underwent FGM in the Wollongong home of a member of their community in a ceremony known as “khatna”. Her younger sister’s FGM was carried out in the family’s western Sydney home.

After the guilty verdict was delivered it was revealed that while the trial had been under way, the father of the girls had received an award for his commitment to the Dawoodi Bohra community.

C1 was told to imagine she was a “princess in a garden” while FGM was carried out on her by KM after her mother asked KM to perform the khatna ceremony.

The girl’s grandmother was also in the room and prayers from the Koran were read while the ceremony took place.

In each case the girl lay down on a bed naked from the waist down and was told to close her eyes while KM cut their clitorises with a silver tool. The girls suffered either type one or type four FGM with a cut or partial removal of their clitoreses which did not leave scar.

Justice Peter Johnson granted bail to all three despite the opposition of crown prosecutor Nanette Williams who wanted them held until sentencing on 5 February.

They each face seven years in jail.

Williams called detective sergeant Eugene Stek to give evidence opposing the bail saying the flight risk was too great. He also spoke about their increased standing in the community because of the trial.

The court heard all three had travelled overseas a number of times when they were on bail and had returned each time.

“She’s [KM] a senior member of the Dawoodi Bohra community and has a great network in respect to that community, there is a network of orthodox followers who fully support of FGM and the fact she has been convicted only enhances [that] they would do anything to protect her and assist her in fleeing,” he said.

Stek said Vaziri was arrested because he was planning to fly to India the same day. Vaziri’s counsel, Robert Sutherland SC, said he was travelling on a return ticket with his wife for an eye operation.

The mother, aged 38, and KM, aged 72, had each travelled overseas on bail and returned to Australia.

The mother’s parents live in Africa and she is in frequent contact with them.

“As an orthodox member of community being fully supported worldwide by members of the community, we believe strongly they will also help her flee the jurisdiction if the opportunity presents,” Stek said.

Police also stated concerns about the trio continuing to influence people to carry out FGM.

“The other concern is the continual, in my opinion, pressure they put other members of the community to keep FGM quiet, to continue the status quo and fight this until it goes away and everything will be alright,” Stek said.



Johnson said the flight risk could be mitigated and ordered all three surrender their passports with Vaziri asked to report to police six days a week.

The women will report twice a week.