Australian Muslim Teenager Claims She Was Held Against Her Will By A Service Station Worker In A Perceived Racist Attack

TEENAGER Hafsah Negussie claims she was held against her will at a Brisbane service station after a worker confused company policy and refused to serve her.

Ms Negussie, a Muslim who wears a veil while in public, said she tried to pay for her goods and go, but claimed the attendant locked the doors when she attempted to leave.

The incident, which occurred at a BP service station on Brisbane's southside in December last year, was reported to police but no official report was filed until Ms Negussie came forward again in April.

"I'm Australian, I was born and raised here, I know my rights. It's so horrific,'' Ms Negussie said.

A company spokesman for BP service stations said the business required customers to remove helmets, hoodies or large hats before approaching the counter.

He said the policy did not extend to religious head wear and admitted the attendant involved had misunderstood business requirements.

"This was regrettable and we wish to apologise most sincerely for this lapse,'' he said.

"We are also reminding all our service station staff of our company's approach to religious headgear.''

The spokesman rejected Ms Negussie's claim that she was locked in the service station.

"The customer could have left the store at any time of her choosing and there is no evidence to support the suggestion that the she was restrained or held in the store against her will," he said.

Ms Negussie said the apology, issued last week after enquiries by the Southern Star, was not good enough.

She has now taken the case to the Queensland Anti Discrimination Commission with help from her friend and human rights lawyer Sabrina Khan Ismail, .

"(We believe) she was deprived of her liberty and is quite traumatised by this incident and BP's denial of the incident is not helping the matter,'' Ms Ismail said.

South Brisbane District Detective Inspector Rod Kemp said there was a lack of evidence to substantiate a deprivation of liberty charge in Ms Negussie's case.

"The version of the attendant's (story) doesn't match the version of the victim's," he said.

"And because it was back on the first of December there's no CCTV, there's no independent witnesses to it.

"The consul operator says at no time did she restrain the person or hold her against her will and she's saying it was a dispute over payment.''

Insp Kemp said police would review why a report was not filed when Ms Hafsah complained to authorities back on December 1, 2012.

If you believe you are a victim of racial abuse, contact Multicultural Affairs Queensland on 1800 053 739 or the Anti-Discrimination Commission Queensland on 1300 130 670.

What the law says:

In Queensland a person wearing a face veil for religious reasons cannot be forced to remove it.

Two years ago, (2011) New South Wales passed legislation requiring the removal of face veils for the purposes of legal identification, but Queensland has not sought similar powers.

Detective Inspector Rodd Kemp said Queensland police had the power to search a person provided they believed an offence had been committed.

Senior-Sergeant Michael Maat from the Strategic and Cultural Policy unit said police searches were conducted sensitively with respect for a person's religious beliefs.

"If we need to remove an item of clothing that has religious significance then we treat the removal of that clothing in the same way as an intimate search conducted by a same-sex officer in a private room,'' he said.

"We've never had an issue where someone has refused to take off their veil and if someone is wearing something that covers their hair and ears it's not an issue.''