Fears alleged sex offender principal Malka Leifer could dodge justice

There are fears alleged sex offender principal Malka Leifer could have a “very strong case” to have her matter thrown out of court.

Fugitive principal Malka Leifer could avoid justice amid fears she will be unable to get a fair trial.

Concerns have been flagged among top government and legal circles about the potential for Leifer to succeed in arguing years of publicity about her case now makes it impossible for her case to be determined by an unbiased jury.

Senior sources say the alleged child sex offender, who was extradited to Melbourne in January after 13 years on the run, could have a “very strong case” to have her matter thrown out of court.

Provisions to criminal trials determined by a judge alone, without a jury, were introduced last year in response to the coronavirus pandemic.

Malka Leifer. Picture: David Crosling

But the temporary measure will end next month, with the government ruling out any extension.

Legal sources say extending the provision would ensure Ms Leifer would be unable to avoid justice.

But a government spokesperson said Victorian courts had a range of mechanisms at their disposal to ensure that a jury trial could proceed fairly.

“Temporary changes to allow courts to order judge alone trials were a necessary and effective response to the challenges presented by the pandemic, but trials by jury will remain a cornerstone of our criminal justice system as things go back to normal,” she said.

“The continuation of judge alone trials now that jury trials have resumed would require extensive consultation with the community, the legal profession and key stakeholders.”

Manny Waks, chief of victims advocacy group VoiCSA, said he hoped justice would prevail.

“I have no doubt that Leifer and her defence will try every trick in the book - and then even more - to try to prevent facing justice,” he said.

“We have seen the prolonged charade Leifer successfully played in Israel but we expect that she will no longer get away with it. There is absolutely no reason that Leifer can’t get a fair hearing in Australia. Others, more prominent, have been held to account for their crimes and we expect the same to happen in this case.

“We’re all looking forward to Leifer’s day in court, so finally, some semblance of belated justice may prevail.”

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