The wife of a Sydney terrorist recruiter has been caught on camera refusing to stand for a judge, but her lawyer argues it wasn't disrespectful and the devout Muslim had no duty to get to her feet.
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Moutia Elzahed, the wife of jailed Islamic State extremist Hamdi Alqudsi, has become the first person in NSW to be charged for failing to rise for a judge, which she says was on religious grounds.
The 49-year-old allegedly remained seated in front of District Court Judge Audrey Balla in November and December 2016, saying she only stood for Allah.
Elzahed is fighting nine counts of disrespectful behaviour, and CCTV footage played to Sydney's Downing Centre Local Court on Wednesday showed she failed to rise nine times.
Each offence carries a maximum jail term of 14 days and/or a $1100 fine.
Elzahed allegedly committed the crimes while unsuccessfully suing the state and federal governments over claims of police violence during a raid on her home.
A transcript from that civil trial tendered to court revealed when the judge asked Elzahed's lawyer why she wasn't standing, he explained she was a "strict Muslim" and "she won't stand for anyone, except Allah".
In closing submissions, crown prosecutor David Kell said the accused's actions were "intentional and deliberate" and video evidence was corroborated by the testimony of four witnesses, who each said Elzahed failed to stand at least once.
Mr Kell said while English was Elzahed's second language, she was heard speaking it to a relative in court and understood the court officer's "all rise" command when the judge approached and left the bench.
Defence barrister David Hume said there was no proof Elzahed knew the legal convention and the government's own published standards don't make any mention of the practice.
He argued her alleged offence didn't interfere with the administration of justice.
"Your honour wouldn't find that acting for a cultural or religious belief is disrespectful. The courts need to be open to people of all cultures," he said.
Mr Hume noted the alleged crime was simply an "omission".
"It is no part of the crown case, there is no evidence, no submission, that Ms Elzahed was under a legal duty to stand," he said.
"That alone is sufficient for your honour to acquit."
The defence had originally cast doubt over whether Elzahed was the woman under the black niqab who failed to stand, but in a bizarre twist on Tuesday Mr Hume revealed he would no longer contest the identity issue.
Australian Associated Press
