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Israeli court ruling clears way for extradition of alleged child sex abuser - Sydney Morning Herald

Alleged victims of former Melbourne schoolteacher Malka Leifer say they were staggered by the decision of an Israeli court that has found she is fit to stand trial for extradition to Australia, where she is wanted on paedophilia charges.

The ruling on Tuesday in the Jerusalem District Court capped a years-long legal battle in the case of the former educator who is accused of sexually abusing students.

Her alleged victims, with former Liberal premier Ted Baillieu, who has been involved in the matter, and local Jewish MPs Labor's Josh Burns and Liberal David Southwick addressed the media this morning.

Dassi Erlich, one of three Australian sisters who have accused Leifer of abuse, said they had watched for years waiting for Ms Leifer to face the allegations.

"It's taken us all night for this process to just sink in. The enormity of this decision is just staggering," Ms Erlich said.

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"This process has really bruised us, but it has not broken us."

She said it was enormous to hear the decision.

"We literally couldn't breathe."

Her sister Ellie Sapper said it felt surreal to hear the words, "Malka Leifer is fit to stand trial".

"I feel so proud of us three, the strength we've shown and the resilience we've shown to achieve what we've achieved."

Ms Sapper said she had "so many emotions" and "actually couldn't put it into words immediately what we felt".

The women say Leifer abused them while they were students at an ultra-Orthodox school in Melbourne, and there are said to be other victims.

"Celebration," said Manny Waks, an advocate for the victims, wrote on Facebook in a live blog from the courtroom. "Goosebumps throughout my body."

Mr Waks, chief executive of Kol v'Oz, a Jewish organisation that combats child sex abuse and has been representing the three sisters, said that the discussion about Leifer's mental state had distracted attention from the damage suffered by her alleged victims.

"They deserve our compassion, our support and now moving forward we expect the Israeli judicial system to move expeditiously, as quickly as possible, to ensure that any appeal and the extradition itself happens as soon as possible," he said outside the courtroom.

Ms Leifer, 52, is facing extradition to Australia on 74 charges of sexually assaulting female students during her time at the ultra-Orthodox Adass Israel school in Elsternwick in Melbourne's south-east.

Malka Leife (right) in court in Jerusalem in 2018.

Malka Leife (right) in court in Jerusalem in 2018.Credit:AP

The ex-principal fled to Israel in 2008 after the allegations first emerged. The process to extradite her has stalled several times since charges were laid in 2013.

Premier Daniel Andrews met Israeli Prime Minister Benjamin Netanyahu in 2018 telling him the only just outcome was for Ms Leifer to face a jury of her peers.

Adass Israel Girls School in Melbourne was ordered to pay more than $1.1 million in damages to Ms Leifer's alleged victims in 2015.

Nicole Meyer and Dassi Erlich, alleged victims of Malka Leifer.

Nicole Meyer and Dassi Erlich, alleged victims of Malka Leifer.Credit:Alex Ellinghausen

In 2016, an Israeli judge found Ms Leifer mentally unfit to face extradition to Australia and she was set free.

But she was arrested in February last year after an undercover police investigation revealed she was leading a "normal life" and going about normal daily activities in the ultra-Orthodox settlement of Emmanuel.

The legal wrangle to bring her before an Australian court has caused a diplomatic strain between the allies.

In a statement, prosecutors Matan Akiva and Avital Ribner Oron said they were pleased the court had found Leifer had faked her mental incompetence.

"The removal of this obstacle that has stood in the way of any significant progress in this case will now enable the court to bring this matter to a timely and swift conclusion," they said.

Australian Attorney-General Christian Porter released a statement on Tuesday night welcoming the Israeli court's decision.

"Whilst today’s decision can be appealed, it is a positive sign and means that formal extradition proceedings can now lawfully commence, subject to any orders relevant to any possible appeal," Mr Porter said.

"At this time, the thoughts of the Australian Government are very much with alleged victims and hopefully this positive development will give them some confidence that proceedings in Israel are moving towards their aim of seeing proceedings commence in Australia within the Australian justice system."

The Attorney-General said that he respected Israel’s judicial processes and that, given today’s judgment could be the subject of an appeal, it would not be appropriate to comment further.

Leifer's lawyers had challenged a finding by a psychiatric panel that she was fit to stand trial.

Her accusers expect the latest decision to clear the way for a quick extradition to Australia.

Labor MP Josh Burns said justice as finally arriving for the victims in Australia.

“After six long years, 67 court hearings, finally Judge Lomp has declared what we knew all along - that Malka Leifer is fit to face extradition," he said.

"Well done to three outstanding and inspiring women - Dassi, Nicole and Elly who have fought through this roller-coaster. We will all keep fighting until Leifer is in a Victorian courtroom facing justice.”

With AP

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2020-05-26 23:32:01Z
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