26 April 2007
MUSLIMS STANDING TRIAL TO HIDE THEIR FACES
MUSLIM women were yesterday given the full backing of the law to wear veils in court – even if they are standing trial for crimes.
Defendants who are told they must remove their face-covering garment could even be allowed to give evidence in secret so as not to offend them.
Senior judges ruled that religious dress – including the full niqab which leaves only the eyes exposed – should be allowed for anyone involved in a court case unless justice is threatened.
Last year, an immigration tribunal had to be adjourned after a lawyer twice refused to remove her veil despite the judge having difficulty in hearing her.
In the aftermath of that row, the official guidance issued yesterday said any Muslim involved in a court case should be permitted to wear a veil providing it does not interfere with the administration of justice.
It would be left to individual judges to decide on a case by case basis but even where they rule a veil should be removed from a defendant or witness, the court may have to be cleared while they give evidence.
Last night critics said the guidance undermines the most basic of principles – that justice must be seen to be done.
Tory MP Philip Davies said: “People are entitled to see what is going on. All this pussy-footing around, judges have no comprehension of the damage there doing for community cohesion by coming out with this barmy stuff.
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“I do not have a problem with someone wearing a veil where there is no issue. But if a judge tells someone to take off their veil, then they should take it off and we should not be kicking everyone else out.”
The guidance has been drawn up by senior judges on the Judicial Studies Board’s Equal Treatment Advisory Committee. It said: “There is room for diversity and there should be willingness to accommodate different practices and approaches to religious and cultural observance.”
It added: “While there may be a diversity of opinions and debates between Muslims about the nature of dress required, for the judicial system the starting point should be respect for the choice made, and for each woman to decide on the extent and nature of the dress she adopts.”
Forcing a woman to choose between participating in a court case or removing the veil could have a “significant impact on her sense of dignity”, it added, and could serve to “exclude and marginalise” her.
If the wearer of a veil is the defendant, the judge must “give careful thought to whether the veil presents a true obstacle to the judicial task”.
It reminds judges that should the veil be an issue when the defendant is giving evidence there are “special measures” available, including TV links or clearing the court of those not directly involved.
That could lead to a suspect criminal being allowed to give evidence without the public or press hearing it.
Tory MP David Davies said: “This is another nail in the coffin for this country.
“We have reached the point where we are bending over backwards to pander and forget the culture and laws that made this country what it is.
“The veil is not something that is part of the Muslim culture and is even banned in some Muslim countries.”
The guidance follows an immigration case in Stoke-on-Trent last November when Judge George Glossop ordered an adjournment because he was having difficulty hearing solicitor Shabnam Mughal.
Mr Justice Hodge, in the High Court, was asked to issue guidance over the case and gave lawyers the green light to wear veils. Yesterday’s new guidance said a judge could simply ask the lawyer to speak up in such circumstances.
Massoud Shadjareh, of the Islamic Human Rights Commission, said last night that the judges had delivered a “sensible judgment”.
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