There's a coouple of tiny fringes of Australian people passionate about burqas. One lot wears them; the other wants them banned. There's a third lot who think calling for burqa bans is racist:



A recent court case has centred on practical difficulties that such garments present:

Sydney burqa woman's jail sentence quashed

A Muslim woman who accused a Sydney police officer of ripping off her burqa to see her face has had her jail sentence overturned after a judge decided the woman's identity could not be verified.

Carnita Matthews, 47, was initially sentenced to six months in jail for deliberately making a false declaration to police.

She alleged an officer had removed her burqa to confirm her identity after pulling her over while she was driving near Campbelltown despite a police in-car camera recording that confirms the officer did no such thing.

However, Judge Clive Jeffreys said that he could not be satisfied beyond a reasonable doubt that the woman who made the complaint to police was Mrs Matthews.

The judge said the signatures on Mrs Matthew's license and the signature on the statement given to police were completely different.

Jeffreys added that the person who gave the statutory declaration to police was wearing a burqa at the time, making it difficult to confirm that the person making the declaration was in fact Mrs Matthews.

New South Wales police have now been given power to require wearers of a burqa, motorcycle helmet or other facial coverings to remove them, so as to enable identification:

Islamic leaders accept police burka powers

Islamic leaders say they are comfortable with the New South Wales Government's decision to give police the power to demand the removal of burkas and other face veils.
Cabinet approved the changes late yesterday to bolster police powers during routine car stops if they have reasonable grounds to suspect a crime has been committed.
The Western Australian Government is also considering the introduction of the laws that apply to all face coverings, including helmets.
The Islamic Council of New South Wales says it accepts the decision, while the Muslim Women's Association says it has no problem if the powers are handled sensitively.
Islamic council chairman Khaled Sukkarieh says "nobody wants to break the law".
"If you're asked to do something by a police officer and it's legitimate, then you do it," he said.
The crackdown was prompted by a high-profile case in New South Wales involving confusion over the identity of a woman wearing a burka.
Carnita Matthews was sentenced to six months in jail for falsely accusing a police officer of forcing her to remove her veil during a random breath test.
But she won on appeal after a judge found the prosecution could not prove she had made the false complaint.
Silma Ihran from the newly formed Muslim Women's Association says the laws come as no surprise.
Ms Ihran says the laws were inevitable because "identity is such a critical part of all of our interactions legally".
But she says it would be favourable if female officers were the ones present when head coverings are removed.
She says if female officers enact the removal "nobody could really complain".
Jamila Hussain teaches a course in Shariah law at the University of Technology Sydney and says under Islamic law, a woman is required to remove her niqab to be identified if asked by a police officer.
"If you live outside an Islamic country, then you have to obey the law of the land. And if the law of the land says that you need to remove your face veil for identification, then you should do so. And you really have no excuse for not doing so," she said.
"It would be preferable if there was a female police officer there, but if it's a male police officer then it can't be helped in the circumstances."
Keysar Trad from the Islamic Friendship Association of Australia says it is a moderate approach that should be followed elsewhere.
"We've balanced the needs of people who choose to cover their face as well as the needs of law enforcement and security," Mr Trad said.
"There might be some people who will have concerns that this might pave the way for perhaps greater restrictions in the future, but I think the vast majority of Muslims will welcome this decision."
New South Wales Premier Barry O'Farrell says the changes to police powers clears up any ambiguities.
"Whether it's a motorcycle helmet, a face mask or a niqab, what we're determined to do is give police the power they need to establish identity," he said.
Police already had the power to order face coverings to be removed while investigating serious offences, but not during traffic stops.