Moutia Elzahed: NSW Solicitor-General asked if courtroom behaviour can stand
The wife of convicted Islamic State recruiter Hamdi Alqudsi who refused to take off her veil to give evidence in court may become the first person in NSW to be charged with contempt because she also refused to stand for a judge.
The NSW Attorney-General, **rielle Upton, reportedly wrote to NSW Solicitor-General Michael Sexton SC yesterday asking him to consider Moutia Elzahed’s conduct under a new disrespectful behaviour in court law, The Daily Telegraph reports.
The law, introduced this year following several high-profile cases in which defendants refused to stand, carries a maximum penalty of 14 days in prison or a $1100 fine.
The development follows a heated exchange in court earlier this week, when Ms Elzahed’s barrister informed judge Audrey Balla she would not “stand for anyone accept Allah”.
“It’s due to religious belief, Your Honour,” barrister Clive Evatt said. “She’s a Muslim, Your Honour, a strict Muslim.
“According to my instructions, she won’t stand for anyone except Allah, which I’m not particularly happy with.”
Judge Bella warned Ms Elzahed, a mother of two, that she could face legal action for “each occasion” she does not stand as a judge enters the courtroom.
Ms Elzahed is suing the commonwealth and NSW Police Force for up to $750,000 after an alleged assault during a raid on her home in the southwest Sydney suburb of Revesby in 2014.
During the hearing, Ms Elzahed refused to take off her niqab to give evidence unless all the men in the courtroom looked away. It is currently illegal to refuse to stand for judicial officers, and the Solicitor-General can make a decision to prosecute.
