Muslim jail-diet ruling may open floodgates

[Aptrgangr]

Muslim jail-diet ruling may open floodgates

• Hedley Thomas
• February 12, 2007

A CHILD sex offender fed vegetables, nuts and "fatty and salty" tinned meat because prison authorities would not provide him with fresh halal meat prepared in accordance with Muslim religious laws has won a discrimination case against the Queensland Government.

In a ruling the Government fears could trigger an avalanche of claims from other prisoners denied special dietary requests, the Supreme Court found Sharif Mahommed, who was sentenced to eight years' imprisonment in 2000, had been discriminated against. He will be allowed to keep $2000 in compensation and will not need to contribute to a legal bill of tens of thousands of dollars, which will be funded from the public purse unless the Queensland Government attempts to take the matter to the High Court.
Mahommed, now out of prison, said he had suffered stress and lost weight behind bars because he ate more vegetables and nuts to make up for the denial of fresh halal meat. He blamed prison authorities for their "lack of knowledge in understanding my religious beliefs, poor training skills, coupled with a no-care and negative attitude to inmates in general".
The Supreme Court defined halal meat as "meat which has been blessed and slaughtered by Muslim slaughtermen and prepared, cooked and stored in accordance with religious law".
The finding on Friday by judge Ann Lyons in the Supreme Court is an embarrassing defeat for Police and Corrective Services Minister Judy Spence. Ms Spence, who has predicted the opening of floodgates "to other prisoners requesting all manner of special diets", had instructed Crown Solicitor Conrad Lohe and barrister Christopher Murdoch in a bid to quash an Anti-Discrimination Tribunal judgment by barrister Jean Dalton SC.
Ms Spence said yesterday she found Justice Lyons's decision surprising.
"I have asked Queensland Corrective Services to review the judgment to consider grounds for appeal," she said.
"At the moment, Queensland Corrective Services provides diets requested on the basis of cultural or religious needs where possible."
Ms Dalton, who heard the original case, found that Mahommed "received substantially more than his fair share of unacceptable meals because he was put on a vegetarian diet when he was not vegetarian (and) at the time fresh halal meat was difficult to source and extremely expensive, so he was provided with canned meat instead".
The vegetarian diet consisted of salad and a protein replacement at lunch, with hot lunches such as vegetable patties or vegetarian sausages three times a week. At night the vegetarian dinners include lasagnas, curries, pizzas and kebabs.
"They'd send me down a salad with chicken in it, they would send me down a pie, they'd send me down a salad with luncheon meat in it," Mahommed said.
While rice and noodles were provided to Asian prisoners and special diets - gluten-free, low-fat and low-cholesterol - were granted to inmates with health concerns, no allowance was made for Mahommed's religious preference for halal meat.
Ms Dalton ruled: "There was evidence that nutmeat was served with regularity. He actively disliked some of it, such as the nutmeat and the sausages. He was served more salad and tinned meat than was provided on the general menu and found this unacceptable. It is not a matter of being fussy, or expecting restaurant quality food; no doubt he had to endure his fair share of poor meals, just like every other prisoner."
A Corrective Services spokesman said yesterday: "Where possible, fresh halal meat is served in our prisons."

Muslim jail-diet ruling may open floodgates | The Nation | The Australian