Protected ... Carnita Matthews. Credit:Nick Moir

In a video played to the NSW District Court yesterday, the mother of seven is seen shouting at the officer that he is racist, the fine was unfair and she would not accept it. She was aware that she was being recorded. ''You are racist. All cops are racists … you are feeling guilty, I can see it in your eyes,'' she said. ''You know you are giving me a ticket for crap.'' She threatened to take him to court.

The video showed him reaching into the car to breath-test the woman but he is not seen touching her veil. A statutory declaration given to Campbelltown police two days later said: ''I felt very uncomfortable so I partly lifted my veil. He wasn't satisfied with that so he moved closer to me in a threatening manner, moved his hand closer to my veil where I felt that he was going to rip it off my face. I then in fear before lifting up my veil stated I am not allowed to show my face.''

Yesterday, Judge Clive Jeffreys said there was no evidence the statutory declaration had been made by Mrs Matthews or even that it was knowingly false.

''All we know is that a person with a black burqa came in [to Campbelltown police station] with a man in a brown suit with an envelope and that's it,'' he said.