Judge says alleged child abuser Malka Leifer ‘will flee again’ if released from custody
Daniel Andrews has written to Israeli Prime Minister Benjamin Netanyahu saying alleged child abuser Malka Leifer must be extradited to Australia to face charges.
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Former Melbourne teacher Malka Leifer, who is wanted in Australia over 74 child abuse charges, will remain in jail after a judge raised fears she may flee Israel.
The Jerusalem Supreme Court reserved its decision on an appeal against an earlier ruling to grant Leifer bail to her sister’s home in Bnei Brak, east of Tel Aviv.
In a hearing that finished early Friday Australian time, Judge Anat Baron questioned defence claims that there was not enough evidence to keep Leifer in custody.
“This is not about reasonable doubt, this is not what this procedure is about,” Judge Baron said.
“The suspect already escaped the Australian justice system which raises fears she will flee again if released today.”
Victorian Premier Daniel Andrews wrote to Israeli Prime Minister Benjamin Netanyahu, saying that Ms Leifer had to be extradited to Australia.
“This latest decision defies explanation,” Mr Andrews wrote.
“I am hopeful that in writing to you, the Israeli justice system can move quickly to right this wrong. Victims and their families deserve nothing less.”
The Premier has also spoken to Israeli Ministry of Foreign Affairs director general Yuval Rotem within the last 24 hours.
It is understood the state government is confident Israeli authorities are taking the matter seriously.
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Leifer was accused of sexual abuse of students at Melbourne’s ultra-orthodox Addas Israel School, where she was a former principal.
She fled to Israel in 2008 after students raised allegations of sexual assault and rape.
Leifer was declared unfit to stand trial in 2016 because of ill health.
She was rearrested last year after a sting found that she had been living a normal life in Israel, despite claiming she was too ill to face charges.
Prosecutor Matan Akiva told the court that Leifer needed to be kept in custody.
“In February 2018 there was sufficient evidence to hold her in custody, what has changed now?” he said.
“The reason for her arrest is ... the danger of releasing her back into society.”
Several members of Leifer’s family supported her in court.
Her defence lawyer Tal Gabbai said there was no reason Leifer should remain in prison, claiming a previous hearing dismissed evidence against her.
“She’s been held for 17 months based on the experts’ opinions and now they’re disqualified she should be released,” he said.
Manny Waks, of victims’ rights group Kol v’Oz, welcomed the judge’s delay of Leifer’s release.
“I believe today we received a fair hearing and the judge seems to be on top of her game so hopefully we will see justice prevail,” he said outside court.
“Most importantly, Malka Leifer will remain behind bars until at least a decision is given.
“We hope that Leifer will remain in jail indefinitely until she is extradited back to Australia to face justice.”
He said he expected the case would drag on for several months.
No date was set for a decision on the case.
Meanwhile, alleged victims and advocates have called on Prime Minister Scott Morrison to push harder for Leifer’s extradition.
Former premier Ted Baillieu and Victorian Attorney-General Jill Hennessy said victims were outraged by a decision this week by an Israeli court to grant Leifer bail under house arrest.
Leifer has been fighting against extradition back to Melbourne to face 74 child-sex charges.
Mr Baillieu said it was time for the Australian government to “speak out”.
“I’m asking the federal government — whether it’s Scott Morrison or (Foreign Affairs Minister) Marise Payne — to do what has been done before, to raise these issues with the Israeli government, to support the girls that have been enduring this for over 10 years, and to call for whatever’s necessary to put this process back on track,” Mr Baillieu told ABC radio.
Ms Hennessy said she supported extradition but the issue was “complex” for the federal government.
“Ultimately it is the Victorian government’s point of view that this person should return to our state to face justice, and we want to ensure that everything that can be done is being done,” she said.
“It is the Commonwealth government’s responsibility to ensure the extradition treaties are in fact honoured, and I would be very surprised if in fact Marise Payne and the Prime Minister are not assiduously working behind the scenes to try and ensure that the extradition treaty is in fact honoured.”
Alleged victim Dassi Erlich said Leifer did not deserve to receive bail before she is potentially sent back to Australia to face the charges.
“Given that we are all aware that Leifer is a flight risk as well as the potential of her reoffending, this blatant disregard for the wellbeing of the Israeli community is shocking,” she said.
Nicole Meyer said: “I am deeply shocked and astounded that someone who is well enough to house arrest isn’t well enough to catch a plane.”