Burqa controversy deepens as defence seeks ancient right

Fouzya Salim and another Muslim woman leaving an earlier hearing at the Auckland District Court. Picture / Dean Purcell

The controversial burqa case could be back in court this week after a fresh twist.

Muslim woman Fouzya Salim - a witness in an insurance fraud case - was told last month she had to remove her veil in court but could testify from behind a screen. Her face would be visible only to the judge, lawyers and female staff.

Judge Lindsay Moore's ruling also applied to "any other witness ... who satisfies the court of beliefs to the same effect" as Mrs Salim.

But defence lawyer Colin Amery said his client, Abdul Razamjoo, should be allowed to see the face of the other Muslim woman testifying against him - his sister Feraiba Razamjoo.

He has filed an application for clarification.

Mr Amery said it was an "ancient right" for a defendant to be allowed to challenge accusers.

"It's as simple as this: you imagine your sister being a witness in a court case where you're the accused person and she's obviously saying something adverse to you and you're having to defend your position.

"Would you not want to see, face-to-face, your sister's reactions when she gives her evidence against you?"

Dr Greg Dawes, of Otago University's Theology and Religious Studies Department, said the rules about burqas were more to do with cultural practice than religion.

In many Islamic cultures it was permissable for a brother to see his sister's face, in others it was not.

- HERALD ON SUNDAY