Burka in France 311.
(photo credit: Associated Press)
A Muslim witness in an Australian fraud trial must remove her all-covering burka while giving evidence, a judge ruled Thursday.
RELATED:Saudi: OK to uncover face in anti-burka countriesSpain to debate ban on public burkasYalla Peace: Bikinis versus burkas
Western Australia District Court Judge Shauna Deane said it would be inappropriate for the woman to testify with her face covered but didn't specify what the woman could wear. The judge said the woman's decision to wear the burka came down to "reasons of modesty" and a "personal preference" in her interpretation of Islam, rather than a religious requirement.
Defense attorneys argued the jury needs to be able to see the witness's facial expressions to assess what she says, while prosecutors said the woman's discomfort without the garment could affect her testimony.
Deane stressed that her decision applied only to this case and wasn't
setting a precedent for other courts, but the issue has sparked national
interest and drawn comparisons to France and Belgium, where there are
efforts to ban the wearing of Islamic face veils. In Australia, some
Muslims wear head scarves, but burkas are almost never worn.
The woman is an Islamic studies teacher who has only been identified by
her first name, Tasneem. She is 36, has lived in Australia for seven
years and has worn a burka since she was 17.
She is a prosecution witness in a case against the director of a company
that ran a Muslim women's college in Perth. The director, Anwar Sayed,
is accused of inflating the number of students at the school in 2006 and
2007 to claim hundreds of thousands of dollars in state and federal
Prosecutor Mark Ritter told the court Tasneem generally only removes the burka when she is with her family.
The judge did not say whether the woman would be able to testify via video.
The burka debate has prompted comments from politicians campaigning
ahead of Australia's federal election on Saturday. Earlier this month,
opposition leader Tony Abbott — who hopes to become prime minister —
said he found the garments "confronting" and wished fewer Australians
The first jury in Sayed's case was discharged earlier this month after
the trial time ballooned from the original estimate of 10 days to five
weeks, which caused attendance issues for several jurors. The trial will
resume with a new jury in October.