A fed up judge has taken a woman to task in the NSW District Court after she repeatedly refused to stand for her each time she entered the room.
Moutia Elzahed, who is suing police over a terrorism raid on her home, could face multiple contempt charges for her lack of respect for the state’s judicial process after saying she refuses to stand “for anyone except Allah”, reports The Daily Telegraph.
Judge Audrey Balla addressed Ms Elzahed – the wife of convicted terror recruiter Hamdi Alqudsi – about why she wasn’t rising to acknowledge her presence.
“I noticed on Wednesday and today the first plaintiff doesn’t stand as I come to and leave the bench. Is there a reason?” she asked.
“It is to do with a religious belief your Honour,” Ms Elzahed’s barrister Clive Evatt said.
Mr Evatt took moments to consult with his client before telling the court: “According to my instructions she won’t stand for anyone except Allah, which I am not particularly happy with.”
District Judge Audrey Balla told the plaintiff yesterday that under new “disrespectful behaviour” laws it was an offence not to stand in court and warned that Ms Elzahed could be charged on each occasion she chose not to stand.
The Disrespectful Behaviour Bill was brought in this year after a number of high-profile cases in which defendants refused to stand for judges in court over religious grounds.
The incident comes days after Judge Balla ruled Ms Elzahed could not give evidence while wearing a full-face covering niqab. That decision came after the Judge offered several alternatives, including that the court be closed to the public or giving via video link in another room – but the plaintiff declined to accept these options because there would still men in the room.
Ms Elzahed, Alqudsi and her two sons are suing the Commonwealth of Australia and NSW for damages after they claim they were the victims of assault and battery during 2014’s Operation Appleby counter-terrorism raids on their home in Revesby. NSW Police and the Australian Federal Police deny the allegations.
