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Religion & Law

: Religion Clause

Australian Judge To Rule On Whether Witness Can Wear Niqab

By Howard M. Friedman

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Controversy over Muslim women wearing the full-face veil has now made its way to Australia.  According to WA Today, the former director of the Muslim Ladies College of Australia, Anwar Sayed, is on trial in a court in Perth for fraudulently obtaining over $750,000 (AU) in public funding. One of the witnesses against him, a tutor at the school, has requested that she be allowed to wear a niqab while on the witness stand. Sayed's attorneys argue that the witness, identified only by her first name, Tasneem, should have to testify with her face uncovered so that the jury can assess her credibility in part by her facial expressions. Prosecutors say that forcing Tanseem to remove the niqab that she usually wears in public would create stress that could affect her facial expressions while testifying. Since the issue has been raised, Sayed has received death threats which police are investigating. And WA Today reports this morning that Sayed has been stabbed after being stopped in his car.  Apparently he was not injured seriously. Meanwhile Sayed's lawyers are suggesting some possible compromises-- testimony by closed circuit television with a female officer present with the witness, or at least a jury instruction on how to take account of the witness' lack of facial expression. The court will rule on the issue August 19. Meanwhile Australian politicians have begun to speak out on both sides of the issue.

Full post as published by Religion Clause on August 06, 2010 (boomark / email).

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