Judge Murphy had to decide in R v D(R) (2013) whether it was appropriate for a female Muslim defendant to be allowed to cover her face during court proceedings, in particular while exercising the right to give evidence. D’s lawyers claimed that insisting on the removal of the woman’s niqaab denied her rights under Article 9 of the European Convention on Human Rights (ECHR). The prosecution claimed that to allow this conflicted with the right to a fair trial as the jury needs to see the defendant’s facial expressions during a trial, particularly when giving evidence, in order to assess the defendant’s truthfulness. The defence claimed that removing her niqaab could result in the woman feeling discomfort and appearing untruthful even when she was not.
Judge Murphy outlined three principles fundamental to a fair trial:
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