Muslim man granted judge-only trial in NSW

A Muslim man was granted a judge-only trial in NSW on the grounds a jury may be biased because of his strict religious beliefs.

Ismail Belghar, 36, is believed to be the first Muslim in Australia to be granted the special trial, the Daily Telegraph reports.

The decision by Judge Ronald Solomon was revealed in the NSW District Court yesterday after Belghar pleaded guilty to detaining and assaulting his sister-in-law because she had “dared” to take his wife to the beach without asking him first.

He had initially been charged with attempted murder.

Judge Solomon had granted Belghar the trial back in March after agreeing he may not receive fair judgment with a jury.

“The attitude of (Belghar)… is based on a religious or cultural basis,” Judge Solomon said.

“In light of the fact there has been adverse publicity regarding people who hold extreme Muslim faith beliefs in the community, I am of the view that the apprehension by (Belghar) that he may not receive a fair trial is a reasonable apprehension.”

The Crown appealed against Judge Solomon’s ruling on the basis that every Muslim would then be entitled to a judge-only trial.

Last week, the Court of Criminal Appeal overturned the ruling and ordered Belghar be tried by a jury.

The trial was scheduled to start yesterday when Belghar decided to plead guilty to the charges. The attempted murder charge was dropped.

The court heard Belghar found out his wife of 11 years, Hanife Kokden, had been to the beach in late 2009 because he noticed her shoulders were sunburnt.

He rang his wife’s younger sister, 25-year-old Canan Kokden, and said: “You slut, how dare you take my wife to the beach?”

Ms Kokden then ran into Belghar while shopping with her brother at Sydney’s Broadway Shopping Centre a couple of months later.

Belghar slapped her across the face, carried her to the car park railing and held her out over it.

Ms Kokden’s brother then tackled Belghar and she was released.

He is due for sentencing at a later date.

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