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To: "Bruce Tefft"
From correspondents in Auckland January 17, 2005
A MUSLIM woman who said she would rather die than show her face in public
must remove her veil while giving evidence in a trial, a New Zealand court
ruled today.
The Auckland District Court ruled that Fouzya Salim, a witness in a fraud
case, and another Muslim woman must show their faces to the judge, lawyers
and female court staff but can be concealed from public view, Radio New
Zealand reported.
The women had been fighting since last year a defence lawyer's application
to have their veils lifted in court so their demeanour could be assessed.
The Afghanistan-born Ms Salim, who has lived in New Zealand for 10 years,
has never left her house without wearing a traditional burqa, which covers
the entire body.
Today the court ruled that while it could be a fair trial even if the women
wore burqas, the defendant had a legitimate expectation of trial by the
normal process.
The decision said screens and other measures would be used in court to
protect the women from further public view.
The ruling only applied to the case in question.
Last October Ms Salim told the court: "I don't want to show my face in
public ... I would rather kill myself than uncover my face and sit here. If
I uncover my face then I would be in trouble with God."
Defence lawyer Colin Amery said he was "reasonably happy" with the decision,
NZPA reported.
"It's a partial victory for the New Zealand way of doing things and our
justice system," he said.
AAP
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R. A. Hettinga