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Judge refuses testimony from woman in veil

The judge gave Ms Elzahed the option of going to another room and appearing via video link.

The judge gave Ms Elzahed the option of going to another room and appearing via video link. Photo: Getty

A Sydney judge has denied a Muslim woman the chance to give evidence in court because she would not remove her traditional religious veil.

New South Wales District Court judge Audrey Balla would not allow Moutia Elzahed into the witness box in a civil case because she would not take off her veil, News Corp reported.

Ms Elzahed’s lawyer told Judge Balla that his client was not allowed to reveal her face to any man outside of her family for religious reasons.

Judge Balla indicated she would make allowances for the court to be closed while she gave evidence, or that Ms Elzahed could go to another room and appear via video link, The Daily Telegraph reported.

muslim veil in court

The woman, who is not pictured here, was dressed similarly to those in this photo. Photo: Getty

Both options were declined because both sides mostly male legal teams would be able to see Ms Elzahed’s face in those situations.

Ms Elzahed is married to Hamdi Alqudsi who has been convicted of aiding seven men travel to Syria to fight for Islamic State. He was jailed for six years in September.

Ms Elzahed is suing the state and federal governments following anti-terrorism raids on her Revesby home in September 2014.

She, Alqudsi and their two teenage sons are claiming they were the victims of “assault and battery, wrongful arrest, false imprisonment and intimidation” during the raids.

The federal and state governments deny all allegations made against the police, arguing officers used reasonable force.

Sheikh Fehmi el-Imam, the now-deceased Grand Mufti of Australia, had ruled it permissible for Muslim woman to remove veils to give evidence.

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