By police reporter Sean Rubinsztein-Dunlop
Updated January 23, 2012 12:56:22
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A Sydney woman who was acquitted of lying about a policeman removing her burka has lost a bid to make the state pay her legal bills.
Carnita Matthews had been found guilty in 2010 of making a false statement that an officer was racist because he tried to take off her burka during a random breath test.
The officer had fined her for not displaying her P-plates properly.
But in June last year Ms Matthews won an appeal against her conviction and six-month jail sentence.
The judge said he could not be sure Ms Matthews had made the complaint, because it was lodged by a woman whose face was covered by a burka.
Justice Clive Jeffreys dismissed Ms Matthews' application for court costs in the District Court this morning, saying another judge could reasonably have upheld her conviction and there was no evidence the prosecution had been improper.
Ms Matthews was not in court but her lawyer, Stephen Hopper, said outside that he accepted the decision.
"She's happy that she didn't have to go to jail and that her name was cleared," he said.
The New South Wales Government responded to the case by extending powers to demand the removal of face coverings for identification purposes.
Previously police only had the power to demand the removal of coverings during the investigation of serious offences.
The amendment to the Law Enforcement Act also extended the power to prison and court officials.
Burka case woman loses court costs bid - ABC News (Australian Broadcasting Corporation)
