Moutia Elzahed loses bid to sue police over assault claims

The Muslim woman who refused to remove her veil in court has lost her bid to sue police over claims of assault during a raid.

Moutia Elzahed outside court last week.

The Muslim woman who refused to remove her veil to give evidence and stand when the judge entered the courtroom has lost her bid to sue state and federal police over claims of assault during a counter-terror raid of her home in 2014.

Moutia Elzahed, the second wife of convicted Islamic State recruiter Hamdi Alqudsi, joined her two teenage sons and jailed husband in taking the Australian Federal Police and the NSW Police Force to court for allegedly punching her, handcuffing her “in an aggressive and hurtful manner” and wrongfully arresting them during an Operation Appleby raid of their Revesby home in September 2014.

District Court judge Audrey Balla, who warned Ms Elzahed she could face legal action for each occasion she failed to stand for when the judge enters the courtroom, found there was “no cause of action” against police, and dismissed the claims against both parties.

“Each of the police officers had formed a genuine suspicion that the occupants of the house may have been involved in acts of terrorism,” she wrote in her judgment. “I find they were using reasonable force in their interactions with her.

“For these reasons the claims by Ms Elzahed and each of the two sons against the NSW Police must fail.”

Ms Elzahed did not appear for the judgement. She and her family are expected to pay some of the legal bill for the NSW Police Force and the AFP, however costs will be decided at a later date.

Ms Elzahed drew the ire of Judge Balla earlier this month after repeatedly refusing to stand when she entered.

“I noticed on Wednesday and I see again today that the first plaintiff does not stand when I enter or leave the bench,” Judge Bella asked Ms Elzahed’s lawyer Clive Evatt. “Is there a reason?”

“It’s due to religious belief, Your Honour. She’s a Muslim, Your Honour, a strict Muslim,” he said. “According to my instructions she won’t stand for anyone except Allah, which I’m not particularly happy with, Your Honour.”

It was revealed NSW Attorney-General Gabrielle Upton wrote to NSW Solicitor-General Michael Sexton to recommend Ms Elzahed be charged for not standing, which would make her the first person to fall foul of new Disrespectful Behaviour laws that came into effect in September.

Earlier in the hearing, Judge Balla formally ruled Ms Elzahed could not give evidence in her case against the Commonwealth and the state of NSW while wearing her full-face covering niqab.

“I must balance on the one hand the need to respect the first plaintiff’s religious beliefs ... on the other hand, I must take into account whether I would be impeded in my ability to fully assess the reliability and credibility of the evidence of the first plaintiff if I am not afforded the opportunity to being able to see her face when she gives evidence,” Judge Balla said.

“I have decided that she can only give evidence with her face uncovered. I decline to permit her to give evidence with her face covered.”

Alqudsi, who was convicted of helping seven men travel to Syria to fight with Islamist rebels, is serving a sentence of eight years with a non-parole period of six years.

His other wife, Carnita Matthews, was found guilty of falsely accusing a police officer of trying to remove her veil during a traffic stop in 2010.