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Malka Leifer fights to release medical records of accuser

Former alleged fugitive principal Malka Leifer, who stands accused of 74 child sex abuse offences, is fighting for the release of medical records of one of her accusers.

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Former alleged fugitive principal Malka Leifer is fighting to have medical records of one of her complainants handed over as she prepares to defend allegations of child sex abuse.

Leifer, 54, is accused of 74 offences including rape, indecent assault and sexual penetration of children in her care while she was principal at Elsternwick’s Adass Israel School between January 2004 and March 2008.

Three complainants — Melbourne sisters Nicole Meyer, Dassi Erlich and Elly Sapper — last year obtained a court order to be able to publicly identify themselves.

Leifer’s lawyer Lucinda Thies applied to Melbourne Magistrates’ Court on Friday to release medical records of Ms Erlich as part of a subpoena issued to a law firm who holds the documents as part of a 2015 civil proceeding.

Malka Leifer arrives at the District Court in Jerusalem. Picture: AFP
Malka Leifer arrives at the District Court in Jerusalem. Picture: AFP

Paul Kounnas, representing the law firm, opposed the release, claiming privilege and confidentiality.

“They are documents that contain confidential communications,” Mr Kounnas said.

Ms Erlich’s lawyer Adrian Strauch said the subpoena was a “fishing expedition” with no legitimate forensic purpose and urged magistrate Johanna Metcalf to block the release of the documents.

Ms Metcalf asked the parties to make further submissions in writing, before she will making a ruling on July 12.

Leifer, a mother of eight who maintains her innocence, did not appear for the hearing, which was heard online due to Covid restrictions.

She has been in custody since authorities extradited her from Israel to Australia in January to face the allegations.

rebekah.cavanagh@news.com.au

Original URL: https://www.heraldsun.com.au/truecrimeaustralia/police-courts-victoria/malka-leifer-fights-to-release-medical-records-of-accuser/news-story/9ce8280bb8b3446a141d49f5f6256e14