Witness Ordered to Remove Muslim Veil in Court

by Katy Murcutt - Paralegal

19 August 2010, filed under Consumer


A judge in Perth, Australia has ruled that a Muslim woman must remove her niqab when giving evidence to the court before a jury.

The judge, Shauna Deane, has said that she does not feel it is appropriate for the jury to not be able to see her facial expressions as she gives evidence in the witness stand. The prosecution stated that the woman, named Tasneem, would feel very uncomfortable without wearing the full veil which could dramatically alter the level of evidence she provides to the court during the trial.

In contrast, the defence has supported the judges view that the jury should be able to see the 36 year old witness’s body language including facial expressions, to come to an informed conclusion on the evidence given by the Muslim witness.

The woman’s inclination to wear the full veil, under which only the eyes can be seen, is not a requirement under the Islamic faith and is instead an individual preference. In response to this, the judge has ruled that the veil shall be removed for the purposes of this case. The judge has stressed that this is not to be set as a precedent for future cases.
 
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