Magistrate faces disciplinary action for refusing to deal with defendant in a veil
29th June 2007
Daily Mail
A magistrate could face disciplinary action after refusing to deal with a defendant because she was wearing a full Muslim veil.
Ian Murray, a taxi driver who has served on the bench for 12 years, stunned the court by withdrawing from the case of Zoobia Hussain because she was wearing a niqab.
He refused the hear the case at Manchester Magistrates Court saying: "I do not feel I have to give any reasons. This is my personal view."
Magistrate Ian Murray (left) refused to hear a case involving Zoobia Hussain (right) because of her veil
Defendant Zoobia Hussain, of Crumpsall was later heard telling her solicitor that Mr Murray's behaviour had been 'scandalous'.
And a female court official who spoke to the defendant after the hearing said Ms Hussain told her, "There is a human being under here."
It is understood her legal team are now preparing a letter expressing 'extreme concern' about the incident And sources at the Judiciary of England and Wales said Mr Murray could now face an inquiry and possible disciplinary action if Ms Hussain's lawyers make a formal complaint.
Mr Murray was sitting with two other magistrates when Ms Hussain, 32, appeared in a niqab, a veil which covers the entire face except for the eyes, to answer a charge of criminal damage which she denies.
Her solicitor, Judith Hawkins, told the bench that her client 'observed the Muslim religion and remains covered in public places when men are present'. She explained that said there were 'guidelines' for such cases.
Mr Murray said: "I believe I am not bound by the guidelines and I will withdraw. I do not feel I have to give any reasons. That is my personal view and not that of my colleagues."
The guidelines by the Judiciary of England and Wales make clear each situation should be judged on its own merits.
The guidelines were issued in April form part of the equal treatment bench book - a reference manual for justices.
A quote from the document says: "A sensitive request to remove a veil may be appropriate, but should follow careful thought as attending court itself is a daunting prospect for witnesses, and may affect the quality of evidence given," it says.
"Whilst it may be more difficult in some cases to assess the evidence of a woman wearing a niqab, the experiences of judges in other cases have shown that it is possible to do so."
Mr Murray declined to talk about the case when contacted by at his home in Cheadle Hulme yesterday.
"I am not going to discuss it because it is being dealt with by the officers of the court," he said.
A statement from Manchester Magistrate court issued yesterday said: "Mr Murray is concerned about questions of identity when the full veil is worn in court. However, he agrees he acted unwisely in disqualifying himself without giving reasons.
"Mr Murray is supportive of those of different faiths and cultural traditions and acknowledges and regrets his action could be misinterpreted." Ms Hussain and her solicitor Ms Hawkins also declined to comment.
Muslim scholars disagree on the role of the niqab in Islam. The Muslim Council of Britain has said in the past that wearing one is a matter for individuals.
Jack Straw appointed Justice Secretary yesterday caused controversy in October when he said he asked women who went to see him in his surgery to remove the niqab. Ms Hussain's case has been adjourned until July 18.
dailymail.co.uk
29th June 2007
Daily Mail
A magistrate could face disciplinary action after refusing to deal with a defendant because she was wearing a full Muslim veil.
Ian Murray, a taxi driver who has served on the bench for 12 years, stunned the court by withdrawing from the case of Zoobia Hussain because she was wearing a niqab.
He refused the hear the case at Manchester Magistrates Court saying: "I do not feel I have to give any reasons. This is my personal view."
Magistrate Ian Murray (left) refused to hear a case involving Zoobia Hussain (right) because of her veil
Defendant Zoobia Hussain, of Crumpsall was later heard telling her solicitor that Mr Murray's behaviour had been 'scandalous'.
And a female court official who spoke to the defendant after the hearing said Ms Hussain told her, "There is a human being under here."
It is understood her legal team are now preparing a letter expressing 'extreme concern' about the incident And sources at the Judiciary of England and Wales said Mr Murray could now face an inquiry and possible disciplinary action if Ms Hussain's lawyers make a formal complaint.
Mr Murray was sitting with two other magistrates when Ms Hussain, 32, appeared in a niqab, a veil which covers the entire face except for the eyes, to answer a charge of criminal damage which she denies.
Her solicitor, Judith Hawkins, told the bench that her client 'observed the Muslim religion and remains covered in public places when men are present'. She explained that said there were 'guidelines' for such cases.
Mr Murray said: "I believe I am not bound by the guidelines and I will withdraw. I do not feel I have to give any reasons. That is my personal view and not that of my colleagues."
The guidelines by the Judiciary of England and Wales make clear each situation should be judged on its own merits.
The guidelines were issued in April form part of the equal treatment bench book - a reference manual for justices.
A quote from the document says: "A sensitive request to remove a veil may be appropriate, but should follow careful thought as attending court itself is a daunting prospect for witnesses, and may affect the quality of evidence given," it says.
"Whilst it may be more difficult in some cases to assess the evidence of a woman wearing a niqab, the experiences of judges in other cases have shown that it is possible to do so."
Mr Murray declined to talk about the case when contacted by at his home in Cheadle Hulme yesterday.
"I am not going to discuss it because it is being dealt with by the officers of the court," he said.
A statement from Manchester Magistrate court issued yesterday said: "Mr Murray is concerned about questions of identity when the full veil is worn in court. However, he agrees he acted unwisely in disqualifying himself without giving reasons.
"Mr Murray is supportive of those of different faiths and cultural traditions and acknowledges and regrets his action could be misinterpreted." Ms Hussain and her solicitor Ms Hawkins also declined to comment.
Muslim scholars disagree on the role of the niqab in Islam. The Muslim Council of Britain has said in the past that wearing one is a matter for individuals.
Jack Straw appointed Justice Secretary yesterday caused controversy in October when he said he asked women who went to see him in his surgery to remove the niqab. Ms Hussain's case has been adjourned until July 18.
dailymail.co.uk