Saturday 20 August 2011

Identification - and the law !

New South Wales has now passed a new law that requires any person requested by the police to remove a Burqa, Niqab, mask or helmet for the purpose of identification - to do so or face arrest and a fine.  In ordinary circumstances that fine may be $ 220, but where a motorist is involved it could increase to $ 5500 - and include up to a year in gaol.

This legal action was sparked by a farcical situation where a woman wearing a religious veil was pulled over for a driving offence - and refused to identify herself.   She later claimed the police officer physically ripped this veil off her face - but she came undone when the camera in the police car recorded the entire event - and proved conclusively that she lied.    She was charged with wilfully making a false statement and sentenced to six months gaol - but this failed because she was again wearing that veil when she made the false accusation - and it therefore could not be proved that she was the offender.

This legislation seems a knee jerk reaction, but the subject of identification goes much deeper.

This law only applies to the need of the police to be aware of the precise identity of the person they are interviewing.  Surely that need also applies to a person establishing a bank account, making a will - or carrying out a host of legal obligations that involve money.

Laundering money invokes penalties and a successful prosecution requires the offender to be accurately identified.    How easy would it be to create a forged will if the person issuing that instruction could not be clearly identified - because his or her face was masked by a veil ?

Even the humble motorist involved in a minor " fender bender " should have the right to not only exchange driving license details, but to also have the ability to identify the other party in court if the matter failed amicable resolution.

Basically - it comes down to the right of any person to demand to know precisely who they are dealing with - and that includes seeing that persons face.   It is already an offence to hide one's face when carrying out a criminal act - and an unmasked face is an offer of good faith.

The only objections seem to come from religions, and yet the vast majority of people following those religions see no obstacle to removing face coverings when requested.   The outcry seems to come from the fanatical few - who need to be reminded that obeying the law is a requirement for enjoying the benefits of living in this country.

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