Google AI


Modern Australian

Israeli court rules Malka Leifer should be extradited to Australia, but obstacles remain

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

The Jerusalem District Court has ruled Malka Leifer should be extradited to Australia.

The former Melbourne headmistress faces 74 charges of child sexual abuse against three alleged victims.

How is this ruling significant?

Leifer’s case has been protracted and politicised. Today’s is the first ruling on the merits of Leifer’s extradition case, following over 70 court hearings taken up with her repeated attempts to avoid extradition.

Leifer, a former headmistress of the ultra-orthodox Adass Israel girls’ school, fled to Israel in 2008 when the allegations against her first surfaced. Australia lodged an extradition request in 2013, which Israeli police eventually acted on. Leifer was arrested in 2014. However, she was later bailed.

Leifer managed to delay today’s outcome for several years by claiming to be too unwell to attend multiple subsequent hearings. In 2018, she was again jailed when it emerged she had been living and socialising in an orthodox Israeli settlement.

Israel’s Deputy Health Minister, Ya’acov Litzman, was accused of altering medical records to insure against Leifer’s extradition. Israeli police recommended Litzman be indicted for witness tampering.

Australian politicians, including Attorney-General Christian Porter, commented that the slow progress of Australia’s extradition request was regrettable. Porter personally raised the case with Israeli officials on a visit to Israel in 2019. In 2020, he confirmed Australia’s view that the appropriate outcome was Leifer’s extradition to answer the serious charges against her.

District Court Judge Chana Miriam Lomp’s ruling today is very significant. It addresses the substantive legal question at the heart of the extradition request from Australia. In order for extradition to be possible, an Israeli court had to determine a clear case existed against Leifer that justified her surrender to Australia’s jurisdiction.

Read more: The Israeli Supreme Court has cleared the way for Malka Leifer's extradition hearing. What happens now?

What happens next?

A key concept in relation to extradition is jurisdiction. Article 2 of the United Nations Charter makes clear the significance of political independence, territorial integrity and domestic jurisdiction to the status of a country. The international legal system is built on an assumption countries are equally entitled to non-interference in their domestic affairs.

Israeli court rules Malka Leifer should be extradited to Australia, but obstacles remain Sisters Elly Sapir, Dassi Erlich and Nicole Meyer. AAP/James Ross

According to the territoriality principle, crimes committed within a country’s territory are subject to prosecution there. This is so whether the person accused of the crime is a national of the prosecuting country or not.

On this basis, Australia has requested Israel agree to transfer Leifer to Australia for prosecution. A court in Victoria can only exercise criminal jurisdiction over Leifer’s case once she is physically present to stand trial.

At this stage, three potential obstacles to Leifer’s trial in a Victorian court remain.

The first is a potential appeal from the District Court decision to the Israeli Supreme Court.

Leifer is likely to lodge a request to appeal. This would be subject to “special leave” being granted by the Supreme Court. The possible outcomes are:

  • the Supreme Court refuses leave to appeal, ending the Israeli legal process and clearing the path for extradition

  • the Supreme Court gives leave to appeal, but denies the appeal on the merits (which would similarly clear the path for extradition)

  • the Supreme Court gives leave to appeal before rejecting the District Court’s finding.

In the last case, Australia’s request for extradition would be denied, with no obvious avenue for reversal of that outcome. No written ruling has been issued by the District Court, so it is not possible to read the judge’s reasoning for today’s decision. However, it is fair to say the Supreme Court would need a very strong reason to reverse the lower court’s substantive decision.

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

The second potential obstacle is a political one. If the Israeli legal process ends with confirmation of today’s decision, Israeli Justice Minister Avi Nissenkorn will be asked to sign an extradition order. He could refuse to do so.

Given this case has raised tensions in the Australia-Israel relationship, it seems unlikely - and certainly undesirable - for Nissenkorn to refuse extradition. However, it is by no means impossible. Again, in such a case, Australia has no way of compelling Leifer’s extradition.

The third potential obstacle is a practical one. Australia’s borders are currently closed. None of the exemption categories appear to allow for a travel exemption to facilitate Leifer’s speedy transfer to Australia.

It is possible Leifer could remain in custody indefinitely in Israel, due to the pandemic, even if an extradition order is approved.

Extradition is in the public interest

Dassi Erlich, Nicole Meyer and Elly Sapper - the sisters who accuse Leifer of sexually abusing them when they were schoolgirls - have campaigned tirelessly for Leifer’s extradition. Justice delayed, in this case, has certainly been justice denied.

As the court process in Israel is not yet final, the Australian government will likely be restrained in its response to today’s news. However, it would be appropriate for the Australian government to confirm the District Court has reached the right decision. There is a clear public interest in Australia for Israel to approve an extradition order and allow for Leifer’s transfer to Melbourne.

Should an appeal confirm today’s District Court decision, the Israeli government should act quickly to facilitate Leifer’s extradition. As a condition of extradition, Israel could require Leifer be returned to Israel to serve a sentence delivered by a Victorian court.

However, it could show its good faith in the integrity of Australia’s legal system by refraining from imposing any such limitation on the justice process.

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

Read more https://theconversation.com/israeli-court-rules-malka-leifer-should-be-extradited-to-australia-but-obstacles-remain-146549

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...

Road Signs: Understanding Their Role in Clear and Effective Signage

Effective signage and display hardware can help businesses communicate information, promote products and organise customer or visitor movement. Road...

Bottle Label Printing: Key Factors to Consider Before Your Next Packaging Run

Effective packaging begins with understanding the product, bottle material, artwork and production requirements when planning bottle label printing. H...

Planning a Long-Distance Move With Interstate Movers Melbourne

Moving between states involves more planning than a typical local relocation. Along with packing and transporting household belongings, you need to...