A Perth Muslim woman wants a judge to decide whether she can wear a burka while giving evidence.
The woman believes she could say the “wrong things” if forced to take off the traditional covering.
Tasneem, who did not want her last name published, said she had worn the burka -- which covers her whole body except her eyes and hands -- for about 20 years and it would be uncomfortable to take it off in front of men she did not know while in the witness box.
“It’s not that I’m being funny or obstinate or whatever, it’s just that I’m feeling uncomfortable to uncover in court in front of all these people,” she told The Australian. “I’d probably say the wrong things because I’m not used to uncovering in front of men.”
How Tasneem may give evidence, if at all, will be the subject of debate before Perth District Court judge Shauna Deane today after defence lawyers raised concerns that the jury would not be able to assess her facial expressions.
The case is believed to be the first of its kind in Australia and could set a legal precedent.
Yesterday politicians weighed into the debate, with Opposition Leader Tony Abbott labelling the burka confronting and saying it should not be worn in Australia, and West Australian Premier Colin Barnett defending the right of people to dress according to their religion, but saying witnesses in court should have their faces exposed. But this was a matter for the judge, he added.
Tasneem said she could understand there may be regulations surrounding how witnesses gave evidence but she never had trouble communicating her opinion.
The 36-year-old mother said she would prefer to give evidence in open court in her burka but, if required, would be prepared to give evidence via video link from a closed room only females were allowed to enter. She said she had been told by prosecutors that if the judge ruled she had to give evidence in open court without the burka, they would not call her as a witness.
Yesterday the Commonwealth DPP would not comment on the case because it was before the court.
The man on trial, Anwar Sayed, was the director at the Muslim Ladies College of Australia in Perth’s southern suburbs, where Tasneem worked as a teacher for about 12 months. Mr Sayed has been charged with fraudulently obtaining up to $750,000 from state and federal governments by falsifying the number of students at the college.
Tasneem said it was her decision to wear the burka. “It’s a religious thing and covering of the head is compulsory but covering of the face is something that certain women chose to do.
“I’d like to make it very clear that it’s not the men that have enforced this at all, it’s a personal choice and we lead a very normal active life just like everyone else.”
She believed it was better there was no “intermingling” between the sexes and not dressing provocatively prevented adultery.