An Australian Muslim woman who sought permission to keep her face and head covered while she gives evidence at a trial was told by a judge yesterday she would have to remove her veil.
Perth judge Shauna Deane ruled that it would be inappropriate for the woman, identified in court only as Tasneem, to be completely veiled while giving evidence because the jury needed to see her face to help assess her evidence.
She is a prosecution witness in a case against the director of a company that ran a Muslim women’s college in Perth. He is accused of inflating the number of students to claim grants.
Tasneem’s lawyers had sought a ruling on whether she could wear the niqab which covers the face and head, and leaves only the eyes exposed. The lawyers argued that her discomfort without the garment could affect her testimony.
The judge said that Tasneem (36) had a “right to religious expression” and noted that removing the niqab would put her in “an unusual position of vulnerability”, but said she was denying the request to be “fair” to everyone involved in the trial.
She said Tasneem’s decision to wear the niqab was for “reasons of modesty” and a “personal preference” in her interpretation of Islam, rather than a requirement of her religion.
“This is my personal choice and rather than oppressing me, it liberates me,” Tasneem said in a statement after the ruling.
“I regret that this case has ignited the debate as to whether the burqa should be banned in Australia,” she said.
The case has drawn national interest in Australia, where many Muslim women wear head scarves, but full face coverings are rare.
Earlier this month, opposition leader Tony Abbott, who hopes to become prime minister at elections on Saturday, said he found garments such as burqas “confronting” and wished fewer Australians wore them.