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

Jerusalem: An Israeli court has ruled that a former Melbourne schoolteacher wanted on paedophilia charges in Australia is fit to stand trial for extradition.

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

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

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

Dassi Elrich, one of three Australian sisters who have accused Leifer of abuse, wrote on Twitter that the judge’s ruling was a "huge" moment in a campaign to bring Ms Leifer to face court in Victoria.

"OMG!!!" she wrote. "Too many emotions to process!!!"

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She accused Leifer of "exploiting the Israeli courts for six years" and causing delays that have "lengthened our ongoing trauma!"

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.

A press conference will be held on Wednesday morning 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, according to Ms Elrich.

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

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

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.

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.

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.

AP

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2020-05-26 16:35:39Z
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