Burka-wearing ISIS recruiter’s wife appeals against her conviction for refusing to stand in court
The wife of an ISIS extremist has appealed against an ‘unconstitutional’ conviction for refusing to stand for a judge – claiming she was picked on for wearing a full-body veil.
Moutia Elzahed, the wife of convicted terrorist recruiter Hamdi Alqudsi, was sentenced to community service after refusing to stand for a judge nine times.
She refused to get up for a judge at Sydney’s Downing Centre Court because she ‘only stands for Allah’ and has now filed an appeal against the decision in the NSW Supreme Court.
In court documents obtained by The Australian, her lawyer said the decision contravened ‘freedom of political communication’ implicit in the constitution.
The lawyer also claimed it was wrong for the court to not take into account Ms Elzahed’s religious views because she didn’t submit oral evidence.
Ms Burrows said: ‘The court should have found on the balance of probabilities the plaintiff’s reason for failing to stand was her religious belief.’
Ms Elzahed’s counsel said the decision was made by the court because there was no evidence of a genuine religious belief despite the woman wearing a full-body niqab for the whole hearing.
Magistrate Carolyn Huntsman ruled earlier this year there was no evidence Elzahed was acting on a genuine religious belief or that Islamic beliefs compelled such behaviour.
Ms Elzahed’s counsel added her client did not mean disrespect in her action during a civil trial in 2016.
The Sydney woman was the first person in New South Wales to be found guilty of the new offence of disrespecting a court – and sentenced to 75 hours community service in July.
Source: Daily Mail