Court Judgments
Carnita Matthews, whose case concerning the wearing of a burka has gone through three Australian courts, has lost the last round. She had first been convicted in 2010 of making a false statement to the police, but the conviction was overturned on appeal. She then applied for costs, but the judge has ruled against it.
Conviction For False Police Report
In June 2010 Carnita Matthews, a Muslim convert, was stopped by the police because the P plate (indicating that driver had only a provisional license) was not properly displayed. When asked to lift her veil for the purpose of identification, she complied but spent the next 20 minutes accusing the police of racism.
A few days later a burka-clad woman, purportedly Carnita Matthews, filed an affidavit alleging that the police officer had tried to rip off her veil. However, the video recording made on the camera in the police vehicle showed her willingly lifting her veil. She was thus convicted of making a false police report and sentenced to 6 months in prison.
Successful Appeal
Carnita Matthews succeeded in her appeal against her conviction, which was overturned on grounds that the police did not verify that the burka-clad woman who filed the affidavit was in fact Carnita Matthews.
Failed Application For Costs
Last September Carnita Matthews applied for costs on grounds that the police investigation was conducted in an “unreasonable manner”, and that her case was prosecuted in an “improper manner”. However, she did not succeed in her application. This time, Judge Clive Jeffreys, who had overturned the conviction of making a false statement to the police, said that “the appellant has not satisfied me that the proceedings in open court were initiated without reasonable cause”. He also said that the police investigation had been initiated in “reasonable faith”.
Costs for the hearing are estimated to be more than $10,000
According to Stephen Hopper, Carnita Matthews’ lawyer, she will accept the judge’s decision. He said, “She is happy she did not have to go to jail and her name was cleared”.
Repercussions Of The Case
Following this case, New South Wales police were given new powers to force Muslim women remove their face veils during routine car stops. Previously they could ask women to remove face veils only during the investigation of serious offences but not during routine car stops. Naturally, the Muslim community was not pleased with this move, and blamed Carnita Matthews for the new police powers.
Think About It
Carnita Matthews may have got her conviction overturned and avoided a jail sentence. However, there is now a whopping bill to face, and the resentment of her community to bear. Who was it who filed the affidavit? Even if it was not Carnita Matthews, was the initial fuss over the lifting of the veil worth it? Were the police not only doing their duty to check her identity when they pulled her over?
Previous posts
Wearing A Burka Helps Get Woman Acquitted Of Charge In Australia
Australia – Muslim Convert Carnita Matthews Gets The Blame
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