MPs astounded at further Malka Leifer extradition delay

Coalition and Labor MPs have hit out at the decision to allow psychiatrists to testify again that the former Melbourne principal is not mentally fit.

Psychiatrists for the defence will testify again that Malka Leifer is not mentally fit to stand trial for extradition to Australia. Picture: Franck Bessiere

Government and Labor MPs have hit out at an “astounding” decision from an Israeli judge which could further delay the years-long extradition process of a former Melbourne school principal accused of child sex abuse.

The concern from Labor MP Josh Burns and former Australian ambassador Dave Sharma follows the decision of an Israeli judge on Tuesday to allow psychiatrists for the defence to testify again that Malka Leifer is not mentally fit to stand trial for extradition to Australia, after a psychiatric panel in January determined she was feigning mental illness and was fit to stand trial.

A former principal of Melbourne’s ultra-orthodox Adass Israel girls school, Ms Leifer fled to Israel in 2008 as accusations against her surfaced. She has since been charged with 74 charges of child sexual abuse, with Australia lodging a formal extradition request in 2014.

The decision from Judge Chana Lomp comes months after an earlier psychiatric opinion that the principal was not fit to stand trial was thrown out over concerns Israel’s Deputy Health Minister Yaakov Litzman had interfered with the assessing panel to influence their determination.

It is understood the decision to allow the psychiatrists for the defence to submit their opinions will force prosecutors seeking Ms Leifer’s extradition to cross examine them in hearings, which would further delay the case that has already run for more than 60 hearings.

Josh Burns, the Labor MP for Macnamara in Melbourne which takes in the Adass Israel School where Ms Leifer is alleged to have committed the abuse, labelled the court’s decision “astounding”.

“It is astounding that Judge Lomp is allowing additional psychiatrists to testify against the independent medical panel that she appointed and who unanimously found that Malka Leifer is fit to stand trial,” Mr Burns told The Australian.

“These seemingly endless delays and the allegations of corruption that have been made by Israeli police reflect extremely poorly on Israel and is exposing serious flaws in its justice system.”

Dave Sharma, Liberal MP for Wentworth and former Australian ambassador to Israel, told The Australian the case has “already been delayed for far too long”.

“I would be concerned by any steps which cause further delays in these proceedings,” Mr Sharma said.

Earlier in February Mr Sharma and Mr Burns moved a motion urging Israel to extradite Ms Leifer immediately.

Dassi Erlich, one of Ms Leifer’s former students and alleged victims, described the court’s decision as going backwards.

“We have been patient. We have been calm. We have tried to trust the Israeli court system and understand this takes time,” she wrote on Facebook.

“But when we go backwards and repeat a process that has already been endlessly delayed we have had enough!!

“Can anybody see the sense in this???”

Manny Waks, the head of Jewish child sexual abuse support organisation Kol V’Oz said the case had become “farcical”.

“This unprecedented decision continues to make a mockery of the Israeli legal system,” he said.

“Judge Lomp herself appointed this latest psychiatric panel, which has made a unanimous, unequivocal decision; that Leifer is faking her illness and that she is in fact fit to face justice.

“Why on earth does Judge Lomp need to hear from these psychiatrists again?”

The new psychiatric opinion will be submitted on Monday, with the next court date set for March 12.