Moutia Elzahed: Fed up judge takes a veiled stand
A MUSLIM woman who has repeatedly refused to stand for a judge during a NSW District Court hearing could face multiple contempt charges for her lack of respect for the state’s judicial process.
NSW
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- Muslim woman refuses to stand for judge
- Woman wanted men to ‘look the other way’ if she gave evidence
SHE refused to take off her veil to give evidence and now the second “wife” of Islamic State recruiter Hamdi Alqudsi has been warned she could face criminal charges for not standing for the judge.
Moutia Elzahed says she “won’t stand for anyone except Allah”, but District Judge Audrey Balla told her yesterday that it was an offence under new “disrespectful behaviour” laws introduced in response to other radical Muslims thumbing their noses at NSW courts.
Attorney-General Gabrielle Upton did not comment directly on the case of Ms Elzahed, who is suing police over a terrorism raid on her home, but warned that “everyone who appears in court must abide by the rules”.
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“The law reflects community’s expectation that everyone who comes before a court should show respect for the judge and court,” she said. “Not standing up in court or refusing to follow a reasonable request fits that category.”
No-nonsense Judge Balla had already taken Ms Elzahed to task last week after she refused to allow her to give evidence because she would not take off her veil unless all the men in court looked away.
Judge Balla challenged Ms Elzahed for not standing each time she entered and left the bench.
“I noticed on Wednesday and today the first plaintiff doesn’t stand as I come to and leave the bench. Is there a reason?” she asked.
“It is to do with a religious belief your Honour,” Ms Elzahed’s barrister Clive Evatt said.
Mr Evatt asked to be excused so he could take instructions before telling Judge Balla: “According to my instructions she won’t stand for anyone except Allah, which I am not particularly happy with.”
Court transcript: Why judge refused to allow Muslim woman to give evidence with face covered
Judge Balla asked Mr Evatt if he had told his client about the law which made it an offence not to stand in court and warned that the decision to charge Ms Elzahed would not be made by her but by others: “Each occasion she doesn’t do it may be a separate offence.”
Ms Elzahed did not stand when Judge Balla left the court following the exchange and after lunch and did not return to court.
Ms Elzahed, Alqudsi and her two sons are suing the Commonwealth of Australia and NSW for assault and battery during 2014’s Operation Appleby counter-terrorism raids. NSW Police and the Australian Federal Police deny the allegations.
Under the new laws, which came into effect on September 1, an accused person or any party in court proceedings can be charged for disrespectful behaviour and is liable to a maximum of 14 days in prison or a $1100 fine. Disrespectful behaviour includes not standing for judicial officers, interrupting proceedings and not facing a judge or magistrate when required to do so.
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