Case involving IS recruiter’s wife goes ahead despite challenge

THE wife of a jailed terrorist recruiter charged with refusing to stand for a judge stormed out of court, saying she was intimidated by a man who used “threatening words”.

THE first person in NSW to be charged for refusing to stand for a judge on religious grounds has allegedly been intimidated by a man during her Sydney court hearing.

More than 14 months ago, Moutia Elzahed, the wife of jailed terrorist recruiter Hamdi Alqudsi, allegedly remained seated before District Court Judge Audrey Balla multiple times in November and December 2016, saying she only stood for Allah.

On Tuesday, she faced Sydney’s Downing Centre Local Court on disrespectful behaviour charges, but a few hours after proceedings began she and a female companion abruptly left the courtroom before a sheriff’s officer asked a man to leave.

“There were threatening words said,” defence barrister David Hume told magistrate Carolyn Huntsman.

Moutia Elzahed has been charged with disrespectful behaviour. Picture: Dylan Robinson

“That’s why they left. There was no disrespect to your honour.”

Elzahed returned to the courtroom before lunch on Tuesday.

After originally casting doubt over whether Elzahed was the niqab-wearing Muslim woman present in court the day her alleged crimes were committed, Mr Hume later admitted it was her.

The 49-year-old allegedly refused to stand while unsuccessfully suing the state and federal governments on claims of police violence during a raid on her Sydney home.

Mr Hume objected several times when a witness identified the alleged offender wearing the black religious attire as Elzahed.

But he later told the court he’d received instructions not to contest the issue of identification again.

Helen Maamary, a senior solicitor representing the NSW government in the 2016 civil trial, earlier said she believed it was Elzahed but admitted “only her eyes were visible”.

Ms Maamary said Elzahed was wearing mascara in court on November 29, 2016, and noted that beneath her niqab she could make out “her hips and her chest, so it appeared to be a feminine form”.

“Are you aware that for a strict Muslim it’s forbidden to wear makeup?” Mr Hume asked.

“No I’m not aware of that, and that’s not been my experience,” replied Ms Maamary, who has Lebanese ancestry.

Ms Maamary, who speaks Arabic, said Elzahed had been talking in both Arabic and English during the civil trial and crown prosecutor David Kell suggested the accused understood the court officer’s “all rise” commands.

Earlier on Tuesday, Ms Huntsman rejected the defence’s bid to have the charges quashed on constitutional and jurisdictional grounds.

Elzahed has risen to her feet several times for the magistrate throughout the hearing.