Prayers got in way of carrying out sentence

By MARTY SHARPE - The Dominion Post

Last updated 05:00 19/06/2010

A muslim has claimed he could not do community work because he needs to pray five times a day, away from non-believers.

Jason Osborne, 30, screamed and threatened Corrections staff when he was being inducted into a sentence of 300 hours' community work on December 30.

He was given the sentence in Hastings District Court for failing to pay fines of $15,334.

He appeared in court on Thursday to plead guilty to failing to complete the community work and on another charge of driving while suspended. He appeared in the dock with a white cloth draped over his head.

According to a summary of facts, Osborne had told a senior community work supervisor in Hastings that he needed to pray five times a day and would not do that in front of non-Muslims. He was told no preferential treatment would be given because of religious beliefs.

Osborne punched a table and shouted that he would not pray in front of non-Muslims. He then stepped towards the supervisor with clenched fists. When he was told to leave, he entered the reception area and shouted: "I am a Muslim. I need to pray five times a day."

Judge Tony Adeane remanded him in custody overnight so a report could be completed. When he reappeared in court yesterday, his lawyer said Osborne had found a probation officer who did not mind him praying and that he had completed 50 hours of community work in the past three weeks.

Judge Adeane said the court was a secular institution and he was unsure what sentence could be given that would meet Osborne's religious beliefs. He granted Osborne bail for eight weeks to allow him to complete the sentence.

Yesterday, Osborne told The Dominion Post that the summary of facts was "fabricated" by Corrections. The Muslim prayer timetable would mean he had to pray twice during a working day, not five times, and he had not told staff he needed to pray away from non-Muslims.

His sole objection was to being sent to a rubbish dump to do his community work because his religion forbade him from praying "in filth". "I was stressing out. They wanted me to separate all the rubbish in the recycling area."

He started doing community work when he was told he would go to prison if he did not. He had since found a supervisor who allowed him to do his community work at family attraction Splash Planet, which was clean enough for his prayers.

Osborne, who has five children, said he had not offended since converting to Islam last August.

Corrections Hawke's Bay area manager George Henderson said Osborne had been given permission to pray while doing community work.

"Each case concerning religious observances is considered on a case by case basis, taking into account the ability of the offender to comply with the sentence imposed by the court, any likelihood of reoffending and any risk of harm to others," Mr Henderson said.

The president of the Federation of Islamic Associations of New Zealand, Anwar-ul Ghani, said people should not offend in the first place, but if they did it was understandable that they would want to pray to repent.

Clean places to pray could be found at most places, including a rubbish dump, and Muslims did not need to be away from non-Muslims when praying, he said. "You can pray in front of anybody."

MUSLIM PRAYERS

Muslims pray five times a day, each prayer lasting five to 10 minutes.

While praying they must:

Be confident of the time of prayer.

Being unsure invalidates the prayer even if the time turns out to be correct.

Face east, with the chest facing the direction of Mecca.

The ill are allowed leniency with posture.

Cover all intimate parts of the body.

Ensure clothes and body and the place of prayer are clean.

Cleanse using water or sand and use a prayer mat if possible.

From: http://www.stuff.co.nz/national/3830380/Prayers-got-in-way-of-carrying-out-sentence