Moutia Elzahed Loses Terrorism Raid Lawsuit Because Of Niqab

[Sugar Cookie]

A Sydney Muslim woman who lost her terrorism raid lawsuit suffered a miscarriage of justice as she was not allowed to give evidence with her face covered, an appeal court has been told.

The 'deeply-held religious beliefs' of Moutia Elzahed meant she did not give 'crucial' evidence about her version of what police did during the September 2014 raid, her lawyer, Jeremy Kirk SC, argued on Monday in the NSW Court of Appeal.

Ms Elzahed, who lost her civil action and was ordered to pay $250,000 in police legal costs, is challenging the trial judge's ruling that she could not give evidence while wearing a niqab.

Her then-lawyer told the female judge it was against her religion to reveal her face to men.

As well as claiming the judge erred in not letting her give evidence in a niqab, Mr Kirk says she should have been allowed to testify via another method, such as a screen, that revealed her face to women but not to men.

Australia had 'no positive right to freedom of religion' and the fundamental right here was for a fair trial to all parties.

Mr Kirk said two police officers testified at the hearing as to what happened in the bedroom at Ms Elzahed's house during the raid, so her version was always going to be crucial, Mr Kirk said.

But he said the trial judge did not appear to recognise the significance that Ms Elzahed stood to lose her case unless she gave evidence.

The fact is we are dealing with very important issues here about a witness giving evidence and about due respect for religious beliefs,' he said.

The judge had ruled that she would be impeded in her ability to assess Ms Elzahed's reliability and credibility if she would not see her face while she testified.

In the broader sense, the case would deter some Muslim women from being involved in criminal and civil proceedings, Mr Kirk said.

But Dr Kell said 'the giving of evidence by a person wearing a face covering poses significant challenges to a fair hearing'.

He referred to the impact on cross-examination for a lawyer unable to see the witness's face and expressions and also on a judge or a jury.

http://www.dailymail.co.uk/news/art...riage-justice-not-allowed-evidence-niqab.html

 

[Satanica]

If your religion is that strict then you might want to consider migrating to a Muslim country instead. I don't see any other way in cases like this, because neither side is going to give in.

 

[Sejanus]

They could have put up a screen and had her testify.
Judge was a dick.

I do however agree with you @Satanica that she should not have gone to a non-Muslim nation.
I would never go to one cuz their laws fly in the face of my core beliefs.
It's kinda simple really.

Are they any Muslim nations that don't suck sweaty goat balls or are they all turd dens?
Asking for a friend.

 

[cubby]

I would want to live in a Muslim country because I know if you go there they make you cover yourself head to foot with only your eyes showing, sometimes have to cover their eyes, so I know I don't want that.

So why would you move to a country that really and truly like their people to be not covered head to foot and really don't want too many many people walking around with their head covered. You would think they'd not want to be anywhere near the corrupted and corrupting infidels.

But folks are still free to do what they want, just sometimes the motivations of people interests me.

 

[myra manes]

I don't agree with Niqabs or Burkas ..
How the fuck do you know who you're talking to ?

Also for ID purposes, the face must be visible ..
Same applies to a drivers license ..

What about Teachers, Police officers, Firefighters, Bus drivers, I could go on all evening ..


Hijabs are one thing, you're still able to see the persons face, Niqabs and Burkas, no thank you ..

 

[Dutchgirl]

They could have put up a screen and had her testify.
Judge was a dick.

I do however agree with you @Satanica that she should not have gone to a non-Muslim nation.
I would never go to one cuz their laws fly in the face of my core beliefs.
It's kinda simple really.

Are they any Muslim nations that don't suck sweaty goat balls or are they all turd dens?
Asking for a friend.

Turkey's great for vacations. Their university does not allow hijabs. As I understand it, if you wish to stay covered, they ear a wig like orthodox Jewish women.

 

[JackBurton]

Dick move by the courts, not sure i grasp the problem in appeasing her wishes on this. Doesnt seem like it woulda been too disruptive or difficult.

That said, this idiot chose her religion over freedom/money, her choice. No sympathy.

 

[JackBurton]

Turkey's great for vacations.

Unless you speak ill of the govt or are an openly homosexual person, then youre fucked.