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NSW cops given power to remove veils
July 4, 2011
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 on Monday 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," he 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.
Mr O'Farrell later defended the move, saying the state's Islamic Council has said the wearing of face veils is not compulsory.
"The good news is that the Islamic Council of NSW has made the point that it's not compulsory in relation to their religion," Mr O'Farrell told reporters in Sydney on Monday night.
"It's also an issue with other religions, it's also an issue with other cultures, but whether it's the drivers' licence or passage through customs, identity checks are required in this day and age and we're determined to ensure police have the powers (to implement them)."
Mr O'Farrell said the law in its current form is "vague".
"So we're going to ensure if police have any concerns about anybody who is wearing any form of face mask, they can seek to establish that person's identity and those people will be required to obey."