Malka Leifer will be sent back to Australia after Israel’s justice minister signed off on her extradition papers
Former teacher facing 74 child sex abuse charges has been ordered to be sent back to Australia from Israel to face the law.
National
Don't miss out on the headlines from National. Followed categories will be added to My News.
Malka Leifer will be sent back to Australia after Israel’s justice minister signed off on her extradition papers and her lawyer said she would not appeal.
The clock has now started on Leifer’s return to Melbourne to face charges, which must happen within 60 days.
Leifer, 52, was due to face 74 child sex abuse charges relating to her time as principal of Melbourne’s ultraorthodox Adass Israel School.
The papers were signed just 24 hours after the Israel Supreme Court decision was announced.
Avi Nissenkorn, Israel’s Minister for Justice criticised the way Leifer had claimed to be mentally unfit, which dragged on through six years of court hearings.
“I have now signed Malka Leifer’s extradition order to Australia,” Mr Nissenkorn said.
“After many years, after a despicable attempt to impersonate to be mentally unwell and in light of the Supreme Court’s ruling, it is our moral duty to allow the prosecution of Leifer.”
Leifer was accused of abusing Melbourne sisters Dassi Erlich, Elly Sapper and Nicole Meyer, who waived their right to anonymity as part of a push to get the teacher back to Australia.
Leifer fled to Israel in 2008 shortly after the sisters raised concerns about her behaviour.
Her legal team has belligerently fought her case for years, shouting and remonstrating in the Jerusalem District Court in earlier hearings in a desperate bid to keep her in Israel.
But, in a changed strategy, Leifer’s lawyer Nick Kaufman said that she would not challenge the signing of the extradition paperwork.
Her legal team was now working on getting any potential sentence, if she was found guilty, to be served in Israel.
Mr Kaufman questioned the speed of Mr Nissenkorn’s decision.
“I am not surprised by the Minister of Justice’s hasty signature which is completely in keeping with his inappropriate remarks of yesterday and a few months earlier,” he said.
“The Minister of Justice was meant to exercise his discretion in a considered manner after hearing submissions from the Defence and not impetuously in a flagrant attempt to appeal to popular sentiment.
“Ms Leifer will not be seeking judicial review of this administrative act.”
Mr Kaufman said he would work with the Israeli Government to have any potential sentence served in Israel.
“Should Mrs Leifer not be acquitted in Australia, we will, in due course, be seeking that she serve any prison term imposed on her in Israel,” he said.
“By then, we can only hope to deal with a new Minister of Justice who will adopt a different attitude to the basic principles of due process and look favourably on such a request.”
Leifer, a mother of eight, was supported by her sister, husband and one of her sons during court hearings in Israel.
She has been remanded in custody and has recently only appeared via videolink.
stephen.drill@news.co.uk
ACCUSED SEX TEACHER CAN BE EXTRADITED TO AUSTRALIA
Accused child abuse teacher Malka Leifer’s extradition papers to Australia will be signed off by Israel’s justice minister within days after she lost a Supreme Court appeal.
The former Adass Israel School principal must be sent back to Australia within 60 days once the paperwork was signed.
It was understood that Leifer could appeal against the warrant for her extradition, but that was likely to be rejected and would be heard via court paperwork rather than a hearing.
Coronavirus restrictions may add time to the extradition process, but it was possible she could be back in Melbourne as soon as January.
Israel’s Supreme Court on Tuesday night rejected Leifer’s appeal against her extradition to Australia to face 74 child sex abuse charges.
Dassi Erlich, Elly Sapper and Nicole Meyer accused Leifer of years of abuse when they were students at Adass Israel.
Ms Erlich told the Herald Sun on Tuesday night that she was “staggered” at the court decision nine years after she first filed a police complaint.
“We always hoped this day would come, we were close to giving up hope, but we never actually gave up,” she said.
“It’s quite staggering this is actually happening. It’s a very long chapter in my life that I’m excited to close.”
Victorian Premier Daniel Andrews said Leifer’s impending extradition was a “step closer” to justice for the former teacher’s alleged victims.
“Malka Leifer’s appeal against extradition has been denied. And soon, we hope, she’ll be returned to Victoria to face these allegations – as she should,” Mr Andrews said on Tuesday night.
“The fight for justice has been long and painful. But it’s now one step closer for these brave young women and their families.”
Israel’s Minister of Justice, Avi Nissenkorn, on Tuesday night gave hope of Leifer’s prompt return to Australia.
“I welcome the Supreme Court ruling that allows the extradition of Malka Leifer to Australia,” he said in a translated tweet.
“After long and torturous years, the time has come to do justice to Leifer’s victims. I intend to sign the extradition order without delay.”
Three judges rejected Leifer’s appeal.
In the decision published on Tuesday night, Judge Isaac Amit said: “I am unable to accept the appellant’s interpretation of the Extradition Convention … Article 3 (1) of the Convention, which sets out the list of offences, provides that a person can be extradited for an act that constitutes an offence included in one of the types of offences specified there.
“I accept the prosecutions position that the intention of the drafters of the Convention was to include all the behaviours defined in the two countries as “rape” as an extraditable offence.”
Judge Anat Baron added that Leifer had used all possible legal avenues.
“Since the petition was filed, it appears that there is no procedure that the appellant did not take and that there is no claim that she missed in the attempt to prevent her extradition,” she said.
Leifer, 52, fled to Israel in 2008 after her victims made allegations to Adass Israel, an ultraorthodox Jewish school in Elsternwick.
Two of Leifer’s lawyers, Tal Gabay and Yahuda Fried, quit in November after defending her for six years.
Nick Kaufman, who defended the children of Libyan dictator Muammar Gaddafi’s in an international trial, had acted for her at a hearing this month.
He had indicated that he would claim there had been political interference in the case when asked if there were any further avenues of appeal after the hearing.
There was no immediate statement from Leifer’s camp on Tuesday night.
Josh Burns, Federal Labor MP for Macnamara, said: “Even though it has taken, way, way too long, justice has prevailed.”
stephen.drill@news.co.uk
U2 lead singer Bono was born with what name?
The Chase Australia’s official Shark, Brydon Coverdale, has created a new daily quiz challenge. Test yourself.
‘Ute tax’ fears reignited over new car pollution cap
The Coalition has raised concerns new car pollution caps could drive up the cost of family and tradie-friendly SUVs and utes ahead of the Prime Minister’s crunch meetings with Asian leaders.