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Burqa decision ripples across world
Joel Gibson
August 20, 2010
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.
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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.
But some argue that a burqa-shrouded witness would be similar to others not forced to show their faces in court. ''Consider, for instance, a scenario in which a recent burns victim is called to give evidence. Imagine it is possible for her to remove the protective bandages she wears over her face, but to do so would cause pain and distress,'' Fleur Johns and Jacqueline Mowbray from the Sydney Centre for International Law at the University of Sydney wrote recently.
The Perth case will be seen as a precedent - despite the judge's exhortations - in courts and other public places where bureaucracy grapples with Muslim women who wish to remain faceless.
Tasneem removes her burqa when she visits the doctor, dentist or passes through customs. She and other wearers in Australia have to pull the garment aside when they pose for a photograph for a passport or driver's licence, although road authorities allow the picture to be taken in private by a female staff member.
Julia Gillard and Tony Abbott were drawn into the burqa debate earlier in the election campaign with both describing it as ''confronting''. Ms Gillard even said it hampered court proceedings.
Conservative politicians such as the Reverend Fred Nile and Senator Cory Bernardi have called for broader bans than the one in France, where burqas must be removed in government buildings including schools.
NSW nearly had its own burqa brouhaha last month when Carnita Matthews accused a police officer of removing hers during a random breath test. She was later charged with knowingly making a false statement.
Burqa decision ripples across world
Joel Gibson
August 20, 2010
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.
Advertisement: Story continues below
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.
But some argue that a burqa-shrouded witness would be similar to others not forced to show their faces in court. ''Consider, for instance, a scenario in which a recent burns victim is called to give evidence. Imagine it is possible for her to remove the protective bandages she wears over her face, but to do so would cause pain and distress,'' Fleur Johns and Jacqueline Mowbray from the Sydney Centre for International Law at the University of Sydney wrote recently.
The Perth case will be seen as a precedent - despite the judge's exhortations - in courts and other public places where bureaucracy grapples with Muslim women who wish to remain faceless.
Tasneem removes her burqa when she visits the doctor, dentist or passes through customs. She and other wearers in Australia have to pull the garment aside when they pose for a photograph for a passport or driver's licence, although road authorities allow the picture to be taken in private by a female staff member.
Julia Gillard and Tony Abbott were drawn into the burqa debate earlier in the election campaign with both describing it as ''confronting''. Ms Gillard even said it hampered court proceedings.
Conservative politicians such as the Reverend Fred Nile and Senator Cory Bernardi have called for broader bans than the one in France, where burqas must be removed in government buildings including schools.
NSW nearly had its own burqa brouhaha last month when Carnita Matthews accused a police officer of removing hers during a random breath test. She was later charged with knowingly making a false statement.
Burqa decision ripples across world
