Qatar government ‘obstructing justice’ in airport baby case

Qatar won’t release ‘critical documents’ as five Australian women sue Qatar Airways, claiming they were subjected to ‘unlawful’ physical searches.

Five Australian women are suing Qatar Airways over an incident in which they were held at gunpoint after a newborn baby was found abandoned in a plastic bag. Picture: AFP

The Qatari government is obstructing the release of “critical documents” relating to a case concerning five Australian women who are suing Qatar Airways over an incident in which they were held at gunpoint after a newborn baby was found abandoned in a plastic bag, a court has heard.

The women have taken legal action against the airline over allegations they were forcibly removed from aeroplanes in Doha’s Hamad International Airport in 2020, and some intimately examined without explanation or consent after the infant was found in the departures lounge.

Barrister Christopher Ward SC on Wednesday told the Federal Court Qatar authorities had failed to facilitate access to vital documents relating to the security company that operates within the airport, MATAR.

He said attempts to access the documents through “diplomatic channels” via the embassy caused lengthy delays and could blow the matter out.

“The correct principle approach is to ask those, including those in court today, to do what they should do to facilitate the administration of justice in this jurisdiction,” he said.

“We know it's going to be conducive to a delay of some months. We would rather get Qatar’s participation in some way or another, rather than the proceeding on a sort of speculative basis.”

Following the hearing, Damian Sturzaker, partner at Marque Lawyers who are representing the woman, told The Australian the Qatari government “aren’t cooperating and they are being obstructive.”

The prosecution called on judge John Malley to allow the prosecution to apply for the documents through the less conventional but more direct method of serving MATAR via email.

But Judge Malley was hesitant to permit this, and instructed the prosecution to either proceed without the documentation, or list MATAR as a separate defendant in the case.

The women are seeking damages from both Qatar Airways and the Qatar Civil Aviation Authority – owned by the Qatari government – over “unlawful physical contact” during the incident which made international headlines on October 2, 2020.

They are also suing for mental health impacts, including depression and post-traumatic stress disorder.

All of the woman, aged 33-75, had boarded their flight to Sydney in Doha, but after taxiing out to the runway, the aircraft returned to the gate and uniformed people armed with guns ordered off all the women.

Four of the respondents in the Federal Court case were taken to ambulance vehicles, where gynaecological inspections were carried out without their consent.

Qatari authorities claimed the searches were part of an “attempted murder” investigation and were necessary to try to locate the mother of the abandoned newborn.

The 75-year-old woman was not subjected to an inspection after being marched off her flight at gunpoint.

The infant survived.

Qatar Airways did not dispute the women’s claims, and a spokesman said “the events in question formed part of a criminal investigation by the Qatari police, which the airline had no control over”.

“Qatar Airways has confirmed it will have this matter dealt with through the Australian court system, so it can be addressed on its legal merit,” he said.

“We recognise the distress and concern the litigants experienced.

“As with all other airlines and passengers who were affected by this matter, Qatar Airways was required to comply and had no ability to refuse directions issued at the time by the Qatari authorities.”