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In the Media

article imageAustralian witness denied request to wear niqab while testifying

article:296303:17::0
Chanah
By Chanah Rubenstein
Aug 19, 2010 in Crime
By Chanah Rubenstein.
Perth - A Muslim Australian woman has been told she couldn't veil her face while testifying in court as it could prove difficult for jury members to assess her demeanor.
The woman, referred to only as Tasneem, asked the court to keep her niqab (a veil that covers the head and face, leaving only the eyes visible) on while she provided evidence. Her lawyers contend that she would feel uncomfortable (without the veil on) and therefore it could affect her testimony.
District Court Judge Shauna Deane has denied her request. Judge Deane said that Tasneem has a “right to religious expression,” but that she had to be “fair” to everyone involved. She also suggested they could use video link-up if it would minimize her discomfort.
Judge Deane stressed that she is in no way making precedence on the issue; it was a ruling for this case only.
Tasneem is witness in a case against Anwar Sayed, Director of a Muslim woman’s college, who is charged with inflating student numbers to receive more grant money from state and federal governments.
Tasneem is an Islamic Studies teacher and has been living in Australia for 7 years. She has been wearing the niqab outside her house since she was 17 and says she wears it out of “personal preference” and “modesty,” and that she doesn’t find it oppressing but rather, “it liberates me.”
This is the first time Australia has been presented with the issue of a witness wanting to veil their face while presenting evidence. Many Australians are likening this to recent moves made by Belgium and France.
The first jury in the case was dismissed when the estimated time of 10 days was surpassed and went on for 5 weeks. The trial will resume in October with a new jury.
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