THE wife of a convicted Islamic State recruiter will become the first person to be charged for refusing to stand in court.

The NSW Solicitor General Michael Sexton SC has authorised the charge against Moutia Elzahed under the new disrespectful behaviour in court law, which carries a maximum penalty of 14 days in prison or a $1100 fine.

Elzahed, who is one of two “wives” of Hamdi Alqudsi, caused controversy last year by refusing to remove her face veil to give evidence in a civil case and by not standing for presiding District Judge Audrey Balla.

media_camera Moutia Elzahed has previously said she will stand for “nobody but Allah”. Picture: News Corp

A statement released by the Solicitor-General’s office this afternoon reads: “The Solicitor General has…authorised, under delegation from the Attorney General, the commencement of proceedings against Ms Elzahed for possible offences against s 200A(1) of the District Court Act 1973.”

The charge relates to a person in a court case that demonstrates disrespectful behaviour either to the court or the judge.

Mr Sexton said he has decided not to charge her with the more serious offence of contempt of court.

The charge followed a request by the former Attorney-General Gabrielle Upton for Elzahed to be investigated in relation to her behaviour during a civil case in front of District Court Judge Audrey Balla.

Judge Balla was hearing a lawsuit brought by Moutia Elzahed against the NSW and Federal police claiming she was assaulted during a counter-terrorism raid on her home in September 2014.

media_camera Hamdi Alqudsi at Parramatta District Court. media_camera Milad Bin Ahmad-Shah al-Ahmadzai.

During that trial, Ms Elzahed refused to stand for Judge Balla, with her barrister telling the court “she won’t stand for anyone except Allah”.

Elzahed also refused to take off her face veil, called a niqab, to give evidence unless all the men in the courtroom looked away.

Judge Balla tried to find a compromise over the veil stand-off by offering to close the court or to allow Ms Elzahed to give evidence via video-link, but the “strict Muslim” rejected both offers because she would still be required to remove her niqab.

Elzahed’s refusal to follow Judge Balla’s directions meant she could not give evidence in her own lawsuit, posing a difficult challenge for her legal team to prove her case.

Ultimately, Judge Balla threw out the lawsuit. Elzahed is appealing against that decision.

The NSW Government introduced the disrespectful behaviour law last year following a number of high-profile cases in which defendants refused to stand, including Islamic extremist Milad bin Ahmad-Shah al-Ahmadzai, who did not stand for four judges over an 18-month period.

The law makes it an offence to do a number of things in court including not standing for judicial officers, interrupting proceedings and not facing a judge or magistrate when required to do so.

A judge or magistrate can make a complaint to the Solicitor General to prosecute someone under the new laws. However the Solicitor General can make a decision to prosecute even if a judge or magistrate has not made a complaint.

Alqudsi is serving eight years with six years non-parole for helping seven men travel to Syria to fight with Islamist rebels, including Islamic State.

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