Trial of former Adass Israel School principal Malka Leifer begins in Melbourne

Former principal Malka Leifer allegedly raped her female student saying it would help her through her wedding night, a court has been told.

Former Adass Israel School principal Malka Leifer is facing trial over child sex abuse allegations.

Former Adass Israel School principal Malka Leifer raped one of her female Jewish students telling her it would “help you through your wedding night”, a court has heard.

Ms Leifer, 56, is facing a six-week trial in Victoria’s County Court over child sex abuse allegations against three alleged victims between January 2003 and December 2007.

The now adult complainants — Melbourne sisters Nicole Meyer, Dassi Erlich and Elly Sapper — have each given permission to the Herald Sun to be named.

Opening the case on Wednesday, Crown prosecutor Justin Lewis outlined to the jury the alleged acts Ms Leifer committed against the three students while she was principal at the Jewish girls’ school in Melbourne’s southeast.

He alleged inappropriate touching and kissing and sexual penetration without consent by Ms Leifer at locations on the Elsternwick school grounds, at her nearby home in the same suburb, and on a winter school camp.

Former Adass Israel School principal Malka Leifer.

Ms Leifer, a mother of eight, would also threaten her alleged victims to keep her actions secret, Mr Lewis said.

On one occasion, the court heard Ms Leifer told Ms Meyer she was “more special than anyone else” while she kissed her on summoning the student to a meeting in her office.

During the meeting, Ms Leifer undid the student’s bra and fondled her breasts, Mr Lewis said.

In the weeks before arrangements had been made for Ms Meyer to be married, Ms Leifer is accused of sexually assaulting her by digitally penetrating her genitalia.

“This will help you through your wedding night,” Ms Leifer told her.

The court heard that the complainants were raised in an ultra-orthodox community where they were sheltered from the outside world and did not know anything about sex until being given lessons weeks before they were to be wedded.

They were also told not to speak up to those in authority.

Mr Lewis said Ms Leifer also touched Ms Erlich’s breasts and genitalia, detailing one incident where the principal made her sit on her lap “like a baby” and sucked her nipple.

Ms Erlich was “too scared to say no to the accused”, the prosecutor said.

Ms Leifer is facing 29 charges, including 11 counts of rape, 10 of indecent assault, three of sexual penetration of a child aged 16 or 17, and five of an indecent act with a 16 or 17-year-old child.

She denies the allegations and has pleaded not guilty.

Judge Mark Gamble is presiding over the trial but, ultimately, it will be the jury who has to determine if Ms Leifer is guilty or not guilty.

The 15-person jury, consisting of eight men and seven women, entered the courtroom at 10.40am to begin the trial.

Ms Leifer, wearing a black headdress and a glittery black, gold and silver jumper with a black ankle length skirt and sneakers, sat quietly in the dock.

Before Mr Lewis started his opening address, Judge Gamble told the jurors that they must use their “intellect, not your heart” to determine the case.

“It’s not my responsibility to decide this case,” he said.

“You are the judges of the facts, and you alone.”

Defence barrister Ian Hill, KC, told the jury to question the complainants’ credibility and reliability when they testify, with the “critical issue” in the case being whether the alleged acts happened.

“We are denying they are telling the truth,” Mr Hill said.

“Mrs Leifer denies all the criminal conduct alleged by each of the complainants.”

He said they did not dispute the fact Ms Leifer left her home country in Israel in 2001 after accepting a teaching position at the Adass school, where she worked until March 2008.

But he said she only had “professional interaction” with the sisters and other students while there.

He said the sisters all lived in the one small house and shared a bedroom, suggesting “collusion and contamination” of their allegations.

Mr Hill said their version of events were “erroneous, imaginative and/or fabricated” and had evolved over time from their initial statements to police.

Ms Erlich’s then husband Joshua will give evidence to say his wife only ever spoke about Ms Leifer in “positive and glowing terms”, Mr Hill said.

The trial continues on Thursday, when Ms Meyer will be called to give evidence. The court will be closed while she testifies.

The 29 allegations against Malka Leifer

Charge 1 — indecent assault

Between January 1, 2003 and December 31, 2003, Malka Leifer is accused of assaulting a girl in indecent circumstances, being that she touched the teen’s breast without consent.

Charge 2 — rape

In 2006, between June 18-22, Ms Leifer allegedly raped a young girl during the first night at a school camp in Blampied in Victoria’s central highlands.

Charge 3 — rape

Police allege that during the day at the June 2006 school camp in Blampied, Ms Leifer raped a young girl.

Charge 4 — rape

In the office at the Adass Israel School where Ms Leifer was principal, she is accused of intentionally digitally penetrating a female student without her consent between June 22 and August 10, 2006.

Charge 5 — rape

Between June 22 and August 10, 2006, Ms Leifer allegedly raped a student in another office on the Elsternwick school grounds.

Charge 6 — indecent assault

Ms Leifer is alleged to have sucked the breasts of her victim, who was at the principal’s Elsternwick home at the time, while being aware that the girl was not consenting or might not be consenting.

Charge 7 — sexual penetration of a 16 or 17-year-old child

On the last night of year 11 winter camp, between June 20-24 in 2004, Ms Leifer is accused of sexual penetration with a child who was under her care, supervision or authority.

Charge 8 — sexual penetration of a 16 or 17-year-old child

Between August 2, 2004, and June 8, 2005, Ms Leifer is accused of taking part in an act of sexual penetration with a child who was under her care, supervision or authority.

Charge 9 — indecent assault

It is alleged that Ms Leifer, between January 1 and June 1 in 2005, assaulted her victim in indecent circumstances, being that she sucked her breasts in Elsternwick.

Charge 10 — indecent assault

Police allege Ms Leifer, between January 1 and June 1 in 2005, assaulted her victim in indecent circumstances, being that she touched her genitalia in Elsternwick.

Charge 11 — sexual penetration of a 16 or 17-year-old child

Ms Leifer is accused of sexual penetration of a child when she stayed from a school excursion in Elsternwick on May 26, 2005.

Charge 12 — indecent assault

It is alleged Ms Leifer kissed her young victim on the mouth in an indecent assault in Frankston between November 2-18 in 2005.

Charge 13 — indecent assault

In the school library, between June 24 and December 31, 2005, Ms Leifer is accused of sucking the breasts of a student in indecent circumstances.

Charge 14 – indecent assault

Police allege, while her victim was eating a bowl of soup at Ms Leifer’s Elsternwick house during school hours, between August 26 and December 31, 2005.

Charge 15 — rape

Between January 26 and August 29, Ms Leifer allegedly digitally raped a teenage girl while she was sleeping at the principal’s Elsternwick house.

Charge 16 — rape

Between June 19-22 in 2006, Ms Leifer is accused of digitally raping a teenage girl while she was on a winter camp in Blampied.

Charge 17 — indecent assault

Ms Leifer allegedly assaulted her victim by sucking her breasts while on school grounds between January 26 and August 29, 2006.

Charge 18 — indecent assault

It is alleged Ms Leifer had the hands of her student placed on the young girl’s breasts in a room at the Elsternwick school between January 26 and August 29, 2006.

Charge 19 — rape

Between January 26 and August 29, 2006, Ms Leifer is accused of digital penetration of her victim after the principal had arranged for her to sleep over.

Charge 20 — indecent act with a 16 or 17 year old child

Ms Leifer allegedly wilfully committed an indecent act, namely placed a student’s hand on her breast, in Elsternwick between December 1-11, 2006.

Charge 21 — indecent act with a 16 or 17 year old

In 2006, between December 1-11, Ms Leifer allegedly wilfully committed an indecent act, namely touched a student’s breast under her clothing, while the victim was under her care, supervision and authority in Elsternwick.

Charge 22 — indecent act with a 16 or 17 year old

On December 11, 2006, Ms Leifer is accused of touching her victim’s breast over clothing before play in Elwood.

Charge 23 — indecent act with a 16 or 17 year old

On December 11, 2006, Ms Leifer is accused of touching her victim’s breast after play and while under her care, supervision or authority in Elwood.

Charge 24 — indecent act with a 16 or 17 year old

Between January 12 and March 11, 2007, Ms Leifer allegedly made her victim place her hand on the principal’s breast, while she was under her care, supervision or authority in Elsternwick.

Charge 25 — indecent assault

Ms Leifer is accused of kissing the genitalia of her young victim in Elsternwick between September 10 and December 19, 2007.

Charge 26 — rape

Between September 10 and December 19, 2007, Ms Leifer allegedly raped her young victim with a sex toy in Elsternwick.

Charge 27 — rape

Police allege that Ms Leifer, between September 10 and December 19, 2007, digitally raped her victim in Elsternwick.

Charge 28 — rape (compelled sexual penetration)

Between September 10 and December 19, 2007, Ms Leifer allegedly compelled her victim to sexually penetrate the principal’s genitalia in Elsternwick.

Charge 29 — rape

When the complainant went to tidy Ms Leifer’s Elsternwick house, she was allegedly digitally raped by the principal.