A woman who wore a full burqa into an Australian court should have been asked to show her face, a law lecturer says.
Dr Nicky Jones of University of Southern Queensland said magistrates and judges were entitled to see a person’s face to prove their identity.
“Many Muslims would be very happy to comply if there was a reason,” Dr Jones said.
Brisbane Magistrate John Costello on Wednesday questioned whether a Saudi woman he was sentencing should have been allowed to wear “a full burqa” , as he only could see her eyes.
But after the woman’s lawyer told him he had not seen her dressed in any other way Mr Costello did not ask the woman to reveal her face.
Dr Jones said if it was important enough to raise as an issue of identity in the court, the magistrate should have followed through.
“There is no question that Muslim women covering their face and identity can reasonably be asked to take off their face veil, as long as it is handled sensitively,” Dr Jones said.
She said there were genuine reasons to debate whether there should be laws requiring women wearing a burqa or niqab to show their faces to prove their identity..
Dr Jones, who has researched strict French laws against wearing burqas in public places including courts, said it was important to ensure the right people appeared in courts.
In 2011 a NSW Muslim woman convicted of falsely accusing a police officer of trying to remove her burqa won an appeal, because it could not be proven she was the woman in burqa who complained.
NSW police later were given the legal power to require people to remove any head coverings, including a burqa, and anyone who refused could be fined.
Queensland police who arrest a suspect in a burqa can have it removed for identification purposes, and in extreme cases of refusal a person could be charged with obstructing police.
But police said requests to remove the burqa would be handled with cultural sensitivity and generally by a female officer.
Police Minister Jack Dempsey said if police asked to be given more powers to enforce it, including during next year’s G20 summit in Brisbane, he certainly would consider it.
Police Commissioner Ian Stewart said current laws appeared to be adequate, but police would advise the government if a law change was considered warranted.
“The QPS values its relationship with the Muslim community and continues to work closely with community leaders and members,” Commissioner Stewart said.
Attorney-General Jarrod Bleijie said magistrates and judges could order the removal of head dresses when identification was an issue, but he would consider any further reform if they felt it was necessary.
Premier Campbell Newman said judges and magistrates had a right to decide whether justice was served by people wearing head dress, such as a burqa.
“They have to be able to see people give evidence and the like in front of them,” Mr Newman said.
In 2011, Member for Nicklin Peter Wellington introduced a Private Member’s Bill calling for police, JPs and court staff to be allowed to instruct someone to show their face for identity checks.