Judge Bans Burqa in Court

The burqa has caused a lot of bad feeling in western countries and it was interesting to see just how Australian judges would handle the ugly shroud-like covering in a courtroom situation. But commonsense has prevailed. For the first time, a Perth judge has ordered a Muslim woman to remove a full burqa while giving evidence before a jury in a fraud case.


Judge Shauna Deane yesterday ruled that the witness must remove her niqab, or burqa face covering, when she gives evidence - she said it wasn't appropriate for a witness to give evidence with her face covered.

The woman, an Islamic studies teacher, is due to give evidence for the prosecution in the fraud trial of Muslim college director Anwar Sayed and said she would prefer to wear the burqa because "it is a preference she has" the court heard. It was pointed out to the judge that if she were in her own country, she would be required to remove her burqa in an Islamic court. Judge Deane replied "This is not an Islamic court".


Defence lawyers suggested the jury could not read the woman's facial expressions but Prosecutor Mark Ritter said she would feel uncomfortable without it which could affect her evidence. "It goes beyond stress ........ it would have a negative impact" he said.


The woman has lived in Australia for seven years and worn the burqa since the age of 17. The only time she takes it off is in the company of her own family and male blood relatives.


France has Europe's largest Muslim population of 5 million. They recently passed a law which bans women from wearing a garment which covers the face in public. Men who force their women to wear the burqa would be punished with a one-year prison sentence and a 30,000 euro fine. When parliament voted on the ban, 335 members approved with just one against.


So for the first time in our history, a judge has made a stand against the burqa in court. Whether the woman wears it because she wants to or because the men in her family insist on it, doesn't matter. There's no place for it in our courts and no place for it in our society.