Accused pedophile principal Malka Leifer acquitted on two of 29 charges

Malka Leifer will be found not guilty on two of the 29 charges she is facing, court hears, with closing remarks set to be delivered imminently.

Closing remarks in the Malka Leifer case are set to be delivered imminently. Sketch Artist: Mollie McPherson

Accused pedophile principal Malka Leifer has been acquitted on two charges due to a lack of evidence, as the crown and defence prepare to deliver their closing remarks to the jury.

Three Melbourne sisters Dassi Erlich, Elly Sapper and Nicole Meyer, who have given The Australian permission to identify them, have alleged the former principal of the ultra-orthodox Adass Israel School abused them over periods of time when they were her students and when they were graduate teachers.

Ms Leifer initially faced 29 charges — ranging from indecent assault, to rape and sexual penetration of a 16 or 17-year-old — that allegedly took place between 2003 and 2007.

The first five related to Ms Meyer, charges six through 19 relate to Ms Erlich and charges 20 through 29 relate to Ms Sapper.

But on Monday, Mr Gamble told the jury charges 20 and 21 will receive a “not guilty” verdict.

“(They) related to the alleged incident that (Ms Sapper) said occurred in the office … during a date of the rehearsal period of the (school) play in 2006,” he said.

“Charges 20 and 21 on the indictment relate to a particular type indecent act with a 16 or 17 year old child that only (came) into effect on 1 December 2006.

“In other words there must be evidence capable of establishing beyond reasonable doubt that if those alleged acts occurred … they occurred on or after the 1st of December 2006. You have heard evidence about the timing that (suggests) if that offending occurred it likely occurred before (that date).

“On that basis I have a duty as trial judge to … (direct) that verdicts of not guilty be entered on the record in respect of charges of 20 and 21.”

Although Ms Leifer cannot be found guilty of those charges, Mr Gamble said the prosecution will still rely on those allegations as part of a “body of evidence” to establish a pattern of behaviour of the accused.

Mr Gamble said the prosecution will start their closing remarks on Wednesday from 12pm.

“You have now heard all of the evidence that is going to be called,” he said.

“I suspect that I won’t be in a position to ask the jury to (retreat) to deliberate until the middle part of next week as a rough guide.”

It came after crown prosecutor Justin Lewis said he would not call any further evidence, and defence counsel Ian Hill KC told the court there would be: “no evidence for or on behalf of the accused.”

Ms Leifer has not been called to the witness box, and now it appears she will not take the stand.

Earlier, the prosecution’s final witness, informant and chief Victoria Police investigator Danielle Newton, said the three sisters’ mother “declined to give a statement in the case after she was contacted by phone in February 2021.

“I called her up and explained my role … and asked if she would make a statement. She declined,” she said.

Ms Newton added: “I did explain if she changes her mind to give me a call but I have not heard.”

Ms Newton agreed notes taken by previous informants on the case had been lost, and diary entries and emails exchanged between Ms Erlich and social worker Chana Rabinowitz from 2011 had been lost by Victoria Police.