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| Muslim thug Mohammed Issaka during 2012 Sydney riots. |
Appearing
at the Downing Centre Local Court on charges of rioting and assaulting police,
Issaka's case was held up for 30 minutes after he refused to rise to his feet
on the grounds of his "religious beliefs" when magistrate Jacqueline
Milledge entered the courtroom.
Despite berating the 44-year-old for his
"disrespect", Ms Milledge then went out of her way to placate him -
working out a compromise so he could stay in the court. Ms Milledge adjourned
the proceedings for a short time, allowing Issaka to leave the room, before she
reconvened the court. Once she was seated, Issaka returned to the room -
technically standing - as he walked to his seat.
Issaka's
hearing had earlier ground to a halt before it began when Ms Milledge
repeatedly demanded he stand up.
"You
can tell me where it is in his religion that it says he cannot stand," she
told Issaka's lawyer Stephen Hopper. "I was a magistrate at Bankstown
Court for four years and I have never had to deal with such disrespect."
Issaka
also refused to bow when entering or leaving the room - another court
convention. The case was adjourned while the magistrate spoke with the
prosecution and defence in private after a heated exchange.
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| Mohammed Issaka at the Downing Center. |
Attorney-General
Greg Smith said yesterday the public expected everyone to follow the tradition
of standing in court when a magistrate entered. "It is a sign of respect
to the institution of the court, not any individual officer," he said.
But Mr
Smith said it was up to each magistrate or judge to decide how they would run
their courtroom and deal with any "issues" that arose there.
A person can be charged with "contempt
in the face of court" if they do anything to undermine the authority or
dignity of the proceedings. A spokeswoman for federal Attorney-General Mark
Dreyfus said: "All Australians should respect the workings and laws of
Australian courts."
Mr
Hopper said his client respected the law and his refusal to stand for the
magistrate had nothing to do with her gender: "I respect that (he) has
beliefs and that he stuck by his beliefs, that's a matter for him."
Muslim
community leader Keysar Trad said Issaka's behaviour in court was typical of a
"rigid interpretation" of Islam, which included a "firm belief
you don't stand for anyone". "You wouldn't even stand for the Prophet
(Mohammed) if he were to walk in," he said.
The
court yesterday heard Issaka was "hissing" at police dogs and did a
"running jump-kick" into several officers' shields during the
protests. Sergeant Catherine Sadler said she heard him yell abuse at her during
the violent clashes, telling her: "You're not a lady, you're fucking
filth."
Issaka has pleaded not guilty to the charges and denied swearing at Sgt Sadler or being violent and aggressive towards any officers. He claimed one constable repeatedly punched him and he was left with a gash to his head, a fractured jaw and a chipped tooth after the protests.
His
refusal to stand follows fellow protester Mahmoud Eid remaining on his feet
throughout his sentencing before Deputy Chief Magistrate Jane Culver less than
two weeks ago.
She
was told Eid had beliefs he "holds very dear to him" and he did not
want to sit then be forced to stand to hear his punishment as he would
"only stand before God". Ms Culver allowed him to stand through the
proceeding before sending him to jail for more than four years.
Issaka's
hearing was adjourned to September, when he will once again appear before Ms
Milledge. The magistrate has already dealt with one man charged over the Muslim
riots.
Earlier this month she dismissed charges of
assault and resisting arrest against the 39-year-old after finding there were
inconsistencies in police accounts of what had happened that day.
