THE TELEGRAPH: 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.
The full Islamic veil covers the whole body except the eyes and hands.
Mark Ritter, prosecuting, told the court that Tasneem, who emigrated to Australia seven years ago, had worn the garment since she was 17.
He said she wanted to give evidence but would feel uncomfortable without the burka and that could prejudice the way she presented her evidence.
"It goes beyond stress, it would have a negative impact," he said.
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. >>> Bonnie Malkin in Sydney | Thursday, August 19, 2010
THE SYDNEY MORNING HERALD: IT WAS just one decision made by one judge in one case in Perth and Judge Shauna Deane was at pains to make that clear.
But the impact of her decision yesterday to order a Muslim woman to remove her burqa in Western Australia's District Court is unlikely to remain so localised.
A prosecution witness known only as Tasneem, 36, has kept her surname a secret but will have to show her face in the fraud trial of a former Muslim school director called Anwar Sayed.
Mr Sayed's defence team - to their client's apparent dismay - had argued the jury should be able to see her facial expressions.
Tasneem had a ''right to religious expression'', Judge Deane found, but she had to be fair to everyone involved in the trial.
The decision was reported around the world and will be popular in Western Australia, with about 80 per cent of 3000 recent respondents to the watoday.com.au and 6PR radio websites believing the witness should be made to remove her burqa. >>> Joel Gibson | Friday, August 20, 2010
WA TODAY: The Muslim woman who wished to testify while wearing a full-face veil says she accepts the decision by a Perth District Court judge to ban the niqab.
The 36-year old woman, known only as Tasneem, is a witness in a case against Anwar Sayed.
Mr Sayed is accused of fraudulently stealing up to $750,000 in public funds by artificially inflating student numbers at his school, the Muslim Ladies College in Perth's southern suburbs.
Today, judge Shauna Deane said that in the interest of a fair trial the witness should not be allowed to wear a niqab, commonly known as a burqa.
But she said she would speak to counsel about ways to accommodate Tasneem's desire to maintain her modesty in line with how she practices her faith.
Tasneem issued a written statement following the decision, which said: "I accept her decision and thank her for her careful consideration of this matter.
"I appreciate my request to wear my niqab in court has stirred much public debate, however, I would emphasise that this was not a demand, I merely asked to dress as I normally would in front of people I do not know."
She said she was not trying to make a religious statement.
"This is my personal choice and rather than oppressing me, it liberates me," Tasneem said.
"Like many Australians I believe in God and for me wearing the niqab serves as a constant reminder that I am accountable for my actions.
"I respect that other women who share my religion do not share this particular belief and that interpretations surrounding Islamic dress standards do differ.
"Therefore I understand this can be confusing for non-Muslims as they witness varying degrees of cover and I accept the full cover I choose to wear can be confronting to some." (+ video) >>> Aja Styles | Thursday, August 19, 2010
