Modern Australian
The Times

Malka Leifer has been ruled fit to stand trial. Will extradition to Australia follow?

  • Written by Amy Maguire, Associate Professor in Human Rights and International Law, University of Newcastle

The Jerusalem District Court has ruled that Malka Leifer is fit to stand trial on charges of child sexual abuse. This is a significant ruling in a very long process seeking Leifer’s extradition to Australia.

Leifer was employed from Israel to be headmistress of Melbourne’s Adass Israel Girls School in 2000. She is accused of 74 counts of child sexual abuse against former students of the school.

Read more: Explainer: what is extradition between countries and how does it work?

A six-year court battle for extradition

Her alleged victims – sisters Dassi Erlich, Nicole Meyer and Elly Sapper – have described their relief at this ruling, in a “bruising” six-year court battle involving 66 hearings to date.

The sisters had a difficult home life within an ultra-orthodox Jewish community, and for many years did not disclose their alleged abuse to anyone, even each other.

A 2018 ABC Australian Story report used Dassi Erlich’s childhood diary entries to help relate the sisters’ story of abuse in the early to mid-2000s.

Malka Leifer has been ruled fit to stand trial. Will extradition to Australia follow? Sisters Elly Sapir, Dassi Erlich and Nicole Meyer. AAP/James Ross

When allegations against Leifer emerged in 2008, the Adass Israel School funded her flights to flee with her family to Israel. Australia issued an extradition request in 2013, which Israel eventually acted on by arresting Leifer in 2014.

Leifer has by turns been bailed and imprisoned in Israel since that time. She has repeatedly claimed she suffers from mental illness to the extent that she is unfit to face trial on the charges against her. Government minister Yaakov Litzman has been accused of altering medical documents in Leifer’s favour to influence the outcome of court hearings regarding her health and fitness. Israeli police have recommended Litzman’s indictment.

One result of the delays and twists in the case is that no Israeli court has yet considered the substantive issues that are key to Australia’s extradition request.

In January this year, an expert psychiatric panel determined Leifer had been feigning her claimed mental illness to avoid extradition. In this week’s District Court ruling, Judge Chana Miriam Lomp accepted the panel’s opinion and decided Leifer was fit to stand trial.

Where to next for Leifer?

Judge Lomp has scheduled an extradition hearing for July 20. Leifer’s lawyers stand prepared to appeal a decision of that hearing.

This means Leifer’s alleged victims are hopefully at last close to the point where an Israeli court will make decisions central to the extradition process. The court will need to be convinced a clear case exists against Leifer to justify her extradition.

The point of extradition is to facilitate Leifer’s trial for crimes allegedly committed within Australia, which fall within the state of Victoria’s jurisdiction to prosecute. Although extradition is a concept emerging from international law, it is not governed by a multilateral treaty obliging one country to accept another country’s jurisdiction over its national.

Where Australia believes extradition is justified – and that a request fits within the framework of the Extradition Act 1988 – it can request but not expect extradition to occur.

Israeli law will govern the process followed in Israel. This may mean Israel would only permit Leifer’s extradition to Australia on the proviso she be returned to Israel to serve any prison sentence delivered to her by an Australian court.

Any appeal against an extradition ruling will delay the process further. Prosecuting authorities in Israel may challenge a successful appeal, but it is impossible to say what prospects of success would be. Although the most recent ruling is a very positive development for the alleged victims, it by no means secures the outcome they and the Australian government are seeking.

High-level political advocacy

The lengthy history of this case has strained relations between Australia and Israel. Several Australian politicians have directly approached Israeli officials to seek an expedited process.

Even Israel’s ambassador to Australia publicly celebrated the latest ruling.

Attorney-General Christian Porter also welcomed the decision:

The allegations against Ms Leifer are very serious and the Australian Government remains strongly committed to ensuring that justice is served in this case. To achieve that, it is appropriate and remains the Government’s strong view that Ms Leifer is ultimately extradited to stand trial in Australia on the 74 counts of child sexual abuse against her and I travelled to Israel last year to make that case to Israel’s Attorney-General.

At this time, the thoughts of the Australian Government are very much with alleged victims and hopefully this positive development will give them some confidence that proceedings in Israel are moving towards their aim of seeing proceedings commence in Australia within the Australian justice system.“

Such high-level representations between governments reflect the extent to which Australia is committed to seeing Leifer tried in the Victorian courts.

Australia’s willingness to advocate for the rights of Leifer’s alleged victims vindicates the sisters’ long-standing commitment to pursuing this matter publicly, despite the inordinate toll the process has taken.

Authors: Amy Maguire, Associate Professor in Human Rights and International Law, University of Newcastle

Read more https://theconversation.com/malka-leifer-has-been-ruled-fit-to-stand-trial-will-extradition-to-australia-follow-139463

Why Material Handling Hose Is Critical for Industrial Efficiency

A high-performance material handling hose is an essential component in industries that transport abrasive, dry, or bulk materials on a daily basis...

How to Choose the Right Lawyer in Melbourne for Your Situation

Choosing legal support can feel difficult, especially when the stakes are personal or business-related. The right lawyer in Melbourne should underst...

Hoteliers Look to Clever Value Adds to Increase Revenue

The Australian hospitality industry is still in recovery mode after a notoriously rough patch in recent years. While there has been a post-COVID tra...

Moving to Queensland? Here’s How to Prep Your Car for the Big Move North

There’s no sign of the northern migration slowing down, with thousands of southerners fleeing from chaotic lifestyles and cooler climates for a brig...

Diesel Shortage to Impact Trades and Contractors

Strait of Hormuz blockage affecting all major parts of trades and construction Trades and construction across residential, commercial and industria...

Why Holiday Home Owners Turn to Rental Management Agents

The Allure — and the Reality — of Renting Out Your Property Owning a holiday home is a dream for many Australians. Whether it's a beachside sha...

Why Finding Reliable Doctors In Bundoora Is Important For Long-Term Health

Access to quality healthcare plays an important role in maintaining overall wellbeing and managing health concerns early. Trusted Doctors in Bundoor...

Understanding the Different Types of Car Services: Minor vs Major

When it comes to car maintenance, one of the most important things every vehicle owner should understand is the difference between a minor and a maj...

How Superannuation and TPD Insurance Work Together

Superannuation is an essential part of financial planning in Australia. It is designed to provide individuals with income during retirement, helping...

Tiny Towns funding granted for Mt Hotham and Mt Buller upgrades

Alpine Resorts Victoria (ARV) has welcomed funding support from the Victorian Government’s  Tiny Towns Fund, with both Mt Hotham and Mt Buller se...

Locksmith Services: Why Professional Security Solutions Matter More Than Ever

Security is a critical concern for homeowners, businesses, and vehicle owners alike. Whether it involves protecting a property, replacing damaged lo...

Why Tooth Fillings Are Important For Protecting Damaged Teeth

Cavities and minor tooth damage are common dental problems that can worsen if left untreated. Professional tooth fillings help restore damaged teeth, ...

The Connection Between Visibility and Driver Confidence

Operating a vehicle safely requires an immediate, uncompromised stream of visual information from the surrounding road environment. A driver's decis...

Important Things To Know Before Starting An SMSF Setup

Planning for retirement requires careful financial decisions, and many Australians are now looking for more direct control over how their superannua...

Why Retail Cleaning Plays a Key Role in Customer Experience and Business Success

Professional retail cleaning services are an essential part of maintaining a welcoming, safe, and professional environment for customers and staff...

Simple Ways to Make a Commercial Property More Appealing to Buyers

Selling or leasing a commercial property isn’t just about listing the square metres, taking a few photos and waiting for the right person to appea...

What Café Owners Should Know Before Upgrading Their Display Setup

A café display fridge does a lot more than keep cakes cold and sandwiches fresh. It quietly shapes the way customers browse, the way staff move beh...

Creating a Backyard That Feels Comfortable All Year Round

A great backyard doesn’t need to be huge, expensive or perfectly styled. Most of the time, the spaces people actually use are the ones that feel e...