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Australia: New South Wales police given authority to remove face veils for identification on traffic stops

Jul 5, 2011 12:47 am By Marisol Seibold

In the West, the female face is not a private part. This necessary and eminently logical move comes in the aftermath of the Carnita Matthews case, which set up a perfect Catch-22 wherein the defendant would not remove her niqab for reasons of Islamic “modesty,” and then won an appeal because she could not be positively identified behind the veil.

“NSW police given power to remove veils,” from the Australian Associated Press, July 4 (thanks to JN):

Muslim women can be forced to remove their face veils during routine car stops under new powers granted to NSW police.

Premier Barry O’Farrell said cabinet had approved the move today so police could properly identify motorists or any other people suspected of committing a crime.

“I don’t care whether a person is wearing a motor cycle helmet, a burqa, niqab, face veil or anything else, the police should be allowed to require those people to make their identification clear,” Mr O’Farrell said in a statement.

Last week, NSW Police Commissioner Andrew Scipione said police needed stronger powers to identify women who wear full facial veils.

It follows the case of Sydney woman Carnita Matthews, who in November 2010 was sentenced to six months in jail for falsely accusing a police officer of forcibly trying to remove her burqa.

The case arose after Ms Matthews was pulled over while driving in Woodbine in June 2010.

However, the sentence was quashed on appeal last week after NSW District Court judge Clive Jeffreys ruled there was no evidence to confirm Ms Matthews filed a criminal complaint against the officer, because the person who did so was also wearing a veil and wasn’t positively identified.

An appeal has been launched against the decision but Mr O’Farrell said Attorney-General Greg Smith had been advised by the Director of Public Prosecutions it was unlikely to succeed.

However, Mr O’Farrell said the new police powers – which are expected to be in place within a couple of months – should help prevent a recurrence of such a case in the future.

“I have every respect for various religions and beliefs but when it comes to enforcing the law the police should be given adequate powers to make a clear identification,” he said.

Police have had the power to ask women to remove face veils during the investigation of serious offences but did not have such powers during routine car stops.

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Filed Under: Australia


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