Australian court rules that a Muslim woman must remove her burka while testifying

Filed under:General — posted by Jack on 8/22/2010 @ 1:05 am

The full Islamic veil covers the whole body except the eyes and hands Photo: GETTY

An Australian court has ruled that a Muslim woman must remove her burka while she gives evidence so that the jury can assess her facial expressions.

Judge Shauna Deane of the Perth District Court said that it was “inappropriate” for the woman, only identified as Tasneem, to have her face covered while testifying in the A$752,000 (£433,000) fraud trial.

Lawyers for Tasneem, 36, had asked the judge to allow her to give evidence while wearing the burka because she had not removed the veil in public as an adult and would find the experience highly stressful.

However, the defence raised concerns about how the jury could assess her credibility if they could not see her face. They argued that wearing the garment was a cultural, not a religious, choice and that even in Islamic courts women were required to remove the veil.

“I do not consider it to be appropriate to let the witness give evidence at trial while wearing the niqab,” she said.

The judge made her decision on the grounds that it would ensure a fair trial for Anwar Sayed, the former director of a Muslim school who is accused of fraudulently obtaining state and federal grants by falsifying roll numbers in 2006.

http://www.telegraph.co.uk/news/worldnews/australiaandthepacific/australia/7954046/Australian-court-orders-Muslim-witness-to-testify-without-burka.html

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