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Muslim Carnita Matthews' cash call on burqa legal bill
July 09, 2011
THE Muslim woman whose actions led to new laws governing the wearing of burqas has asked the state to pay her legal costs after a judge quashed her conviction for lying about police abuse.
Carnita Matthews, 47, was originally convicted and sentenced to six months jail for falsely claiming a highway patrol officer was racist because he had attempted to remove her niqab from her face.
She made the racism complaint after she was pulled over for a random breath test and the police officer fined her for failing to display P-plates.
Convicted of making a false statement, she appealed to the District Court, where Judge Clive Jeffreys quashed the earlier decision. He said it could not be proven beyond a reasonable doubt that it was Ms Matthews who had made the complaint at Campbelltown police station.
Judge Jeffreys said, even if it had been her, there was no way of knowing she intentionally made the complaint knowing it to be false.
Yesterday, solicitor Stephen Hopper said he had this week submitted an application for legal costs on behalf of Ms Matthews to the Office of the DPP.
The Crown has seven days to reply to Mr Hopper's submissions and the case will return to court on a date to be fixed.
"We've complied with the orders set out by Judge Jeffreys following the appeal. There are some tests within the (laws) as to whether costs can be awarded so we just have to wait and see what His Honour says," Mr Hopper said.
An order for legal costs would only cover Mr Hopper's fees and that of Sydney silk Philip Boulten SC, who appeared for Ms Matthews on the appeal.
Mr Hopper would not comment on claims her costs were in the order of $9000.
The furore surrounding the case led to laws being passed, with Muslim women who refuse to remove their burqas when ordered to by police facing up to a year in jail.
The laws extend to other garments which are capable of concealing the identity of a person.
As the laws were passed, Premier Barry O'Farrell said there should be no discrimination - in favour of or against - any race when it came to helping police identify people suspected of criminal breaches.
"I don't care whether a person is wearing a motorcycle helmet, a burqa, niqab, face veil or anything else - the police should be allowed to require those people to make their identification clear," he said.
July 09, 2011
THE Muslim woman whose actions led to new laws governing the wearing of burqas has asked the state to pay her legal costs after a judge quashed her conviction for lying about police abuse.
Carnita Matthews, 47, was originally convicted and sentenced to six months jail for falsely claiming a highway patrol officer was racist because he had attempted to remove her niqab from her face.
She made the racism complaint after she was pulled over for a random breath test and the police officer fined her for failing to display P-plates.
Convicted of making a false statement, she appealed to the District Court, where Judge Clive Jeffreys quashed the earlier decision. He said it could not be proven beyond a reasonable doubt that it was Ms Matthews who had made the complaint at Campbelltown police station.
Judge Jeffreys said, even if it had been her, there was no way of knowing she intentionally made the complaint knowing it to be false.
Yesterday, solicitor Stephen Hopper said he had this week submitted an application for legal costs on behalf of Ms Matthews to the Office of the DPP.
The Crown has seven days to reply to Mr Hopper's submissions and the case will return to court on a date to be fixed.
"We've complied with the orders set out by Judge Jeffreys following the appeal. There are some tests within the (laws) as to whether costs can be awarded so we just have to wait and see what His Honour says," Mr Hopper said.
An order for legal costs would only cover Mr Hopper's fees and that of Sydney silk Philip Boulten SC, who appeared for Ms Matthews on the appeal.
Mr Hopper would not comment on claims her costs were in the order of $9000.
The furore surrounding the case led to laws being passed, with Muslim women who refuse to remove their burqas when ordered to by police facing up to a year in jail.
The laws extend to other garments which are capable of concealing the identity of a person.
As the laws were passed, Premier Barry O'Farrell said there should be no discrimination - in favour of or against - any race when it came to helping police identify people suspected of criminal breaches.
"I don't care whether a person is wearing a motorcycle helmet, a burqa, niqab, face veil or anything else - the police should be allowed to require those people to make their identification clear," he said.
http://www.dailytelegraph.com.au/ne...burqa-legal-bill/story-e6freuzi-1226091002407
