A trial judge's discretionary decision to refuse to allow a party to give evidence with her face covered by a niqab is not erroneous where the evidence is strongly contested and viewing the witness's face is capable of affecting the resolution of conflicting evidence, and matters not raised before the primary judge (such as alternative methods of giving evidence) cannot be relied upon on appeal unless they were fundamental and obvious.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
3 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.