Jury urged to ‘resolve differences’ in Malka Leifer student sex abuse trial

The jury deliberating verdicts in the sexual abuse trial of a former principal has delivered a note to the court.

The trial of a former ultra-Orthodox principal accused of sexually abusing three sisters has been told the jury has reached verdicts on “some” charges.

Jurors were brought back before Judge Mark Gamble shortly after 4pm on Tuesday after passing a note to court staff.

In the note, the jury of six men and six women wrote: “Is it an outcome to be unanimous on some charges and not on others?”

In court, Judge Gamble asked the jury foreperson if he should understand their note as meaning they had reached a unanimous verdict on some, but not all, of the charges.

“Yes,” the foreperson responded.

The foreperson also responded in the affirmative when asked whether, if given more time to deliberate, there was a “reasonable prospect” of a unanimous verdict on the remaining charges.

Judge Gamble said the jury should continue their efforts to reach a unanimous verdict, adding that if, at some point, they “truly believe” they cannot come to a consensus, they should let him know.

Malka Leifer, a former Jewish school principal, is accused of sexually abusing the women between 2003 and 2007. Picture: NCA NewsWire / Paul Tyquin

This was the second note the jury passed to tipstaff on their fifth day of deliberations.

About noon on Tuesday, they were brought into the court after asking for assistance on how to navigate a “deadlock”.

“At this point in deliberations, it seems unlikely to reach a unanimous verdict on all charges,” the note read.

In response, Judge Gamble said that while he had the power to dismiss a jury, he was only to do so if he was satisfied they were unable to reach a verdict.

“I‘m not yet satisfied this is the case,” he said.

“I urge you to return to the jury room and try to resolve your differences. Experience has shown that juries can often agree if given more time to consider, having discussed the issues.”

“Re-examine the evidence you disagree about and make a further effort.”

Ms Leifer, 56, is standing trial on 27 charges, including rape, indecent assault and sexual penetration of a child aged 16 or 17, allegedly perpetrated against three sisters while she was principal of the Adass Israel School in Melbourne’s southeast.

The sisters, Nicole Meyer, Dassi Erlich and Elly Sapper, have each given NCA NewsWire permission to be named.

The jury has indicated they feel they’re unlikely to reach a verdict ‘on all charges’. Picture: Supplied.

The mother of eight has pleaded not guilty, with her barrister, Ian Hill KC, saying she maintained she had “proper and professional interactions” with the women as students and later as junior religious teachers.

Over the seven-week trial, prosecutors have sought to convince the jury that Ms Leifer took advantage of the alleged victims’ vulnerability – growing up in an abusive household and a strict cultural environment.

“When you can see the whole picture, you can see these complainants were essentially groomed by the accused,” Crown prosecutor Justin Lewis said in his closing remarks.

“In each instance, she started with lesser acts so she could see the reaction and escalated over time.”

Ms Leifer’s barrister, on the other hand, has called on the jury to reject the accusations as an “imagined narrative” that developed over the years, twisting her “innocent affection” towards the girls.

“This whole case depends on accepting what the complainants say happened,” he said.

“You‘re asked now to accept flashbacks, dreams, nightmares and the like … are not only truthful but reliable to convict.”

Throughout the trial, Ms Leifer has sat clutching a white and gold prayer book and was supported by family members.

The trial continues.