Malka Leifer: The story behind Melbourne sisters’ 15-year fight for justice
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Yaakov Litzman - Left - His Crime Boss - Head of Gur Cult With Dead Mink On His Head - Front Right
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It was the
drawn-out legal battle kept hidden from jurors as a 15-year battle to
bring a principal to justice reached its final weeks.
Three sisters’ fight to hold Malka
Leifer accountable may never have come to fruition if not for video
taken by private investigators who tracked her to the West Bank
settlement of Immanuel in late 2017.
The
former principal of the Adass Israel School – a religious school
catering to Melbourne’s ultra-orthodox Jewish community – had fled back
to her home country in 2008 after allegations of the sexual abuse of
students first began swirling.
Details about Leifer’s extradition
from Israel are only now able to be published after a gag order expired
as a Melbourne jury handed down their verdicts last week.
Victoria
Police had initiated extradition proceedings in 2014 but the case
stalled when an Israeli court found she was mentally unfit to stand
trial.
A social worker, Chana
Rabinowitz, had contacted the school board days earlier to report her
client’s whispered admission that she had been sexually abused.
“She was hunched over into herself and she could only whisper what it was,” Rabinowitz told a Melbourne court last month.
“She told me she had been hurt sexually by Malka Leifer. She described some of what happened.”
Leifer
had fled Melbourne with her family in the middle of the night on March
6, 2008, after receiving a warning from members of the insular
community.
On Monday, a jury
found the 56-year-old guilty of sexually abusing Dassi Elrich, 35, and
her sister Elly Sapper, 34, while they were students and later as junior
religious teachers.
She was acquitted on allegations of abusing their older sister, Nicole Meyer, 37.
The mother-of-eight had been
recruited to lead religious studies at the all-girls school in 2001, to
great excitement in the school.
“She
came to the community and became this person that was revered as much
as a rabbi, and I had never seen a woman that people looked up to like
this,” Ms Erlich told the trial.
“She
made me feel loved when I spent time with her … I was hoping that she
would love me like a mother. I wanted to feel loved,” Ms Sapper said of
their relationship.
The
sisters first filed police complaints in 2011, sparking a decade-long
legal battle fought through two countries’ court systems.
Leifer
was arrested by Israeli police in August 2014 at the request of
Australian authorities and placed on house arrest as she challenged the
extradition process.
For
close to two years, she avoided scheduled hearings in an Israeli court,
claiming she faced panic attacks and was too unwell to attend.
Then,
in June 2016, the sisters were undoubtedly shocked when news broke that
Leifer had been found mentally unfit by a court-appointed psychiatrist
and her extradition hearings would be delayed indefinitely while she
received treatment.
Her lawyer, Yehuda Fried, told news outlets at the time she struggled to get clear instructions throughout the proceedings.
Leifer’s house arrest was lifted and she quietly continued on with her life.
Appeals
from Australian government officials – including then-prime Minister
Malcolm Turnbull and Victorian Premier Daniel Andrews – to re-examine
the case failed to gain traction in Israel.
More
than 200 hours of video proof showing Leifer out-and-about doing
mundane tasks such as shopping and catching public transport,
spectacularly captured national and international news headlines in
2018.
The sisters had
travelled to Israel and met with the anti-child abuse organisation
Jewish Community Watch, which arranged for a private investigator to
track her down in the gated community.
It was then they launched the Bring Leifer Back campaign to fight for her return.
The
footage galvanised Israel’s police force, who launched a fresh
investigation and rearrested Leifer the same year amid suspicion she was
feigning her mental illness.
A new assessment found she was
able to stand trial and, by 2019, she was being held in the country’s
only female prison awaiting extradition proceedings.
Israel’s
former health minister Yaakov Litzman was placed under investigation
the same year over allegations he had tried to pressure psychiatrists to
find Leifer unfit to stand trial.
He
stood down from the Israeli legislature, the Knesset, in 2022 and was
sentenced to eight months jail after taking a plea deal for breach of
trust.
A panel of
psychiatrists engaged by the Jerusalem District Court found in 2020 that
Leifer had faked her mental illness to avoid returning to Australia.
More than six years after Victoria Police first filed the request, Israel signed the extradition order in December 2020.
A
female officer from Victoria Police travelled to Israel in early 2021
and Leifer was taken into Australian custody, touching down in the
country on January 25.
During the following two years
she faced a series of hearings across Melbourne courts before the case
was eventually set down for a trial in February 2023.
Over
seven weeks a jury heard evidence from the three sisters, police
investigators, Adass Israel school staff, and psychologists and
psychiatrists.
Leifer
remained expressionless through the trial, sitting in adock at the back
of a courtroom and was often seen reading a small gold and white
coloured prayer book while silently mouthing words.
After
more than 31 hours of deliberations spanning nine days, the jury
re-entered the courtroom to a thick silence shortly after 3.45pm on
Monday April 3.
Beyond
reasonable doubt, they found Leifer guilty on five counts of rape, one
count of rape by compelled sexual penetration, four counts of indecent
act with a 16 or 17 year-old child, five counts of indecent assault and
three counts of sexual penetration of a 16 or 17 year-old child.
The
verdicts relate to incidents that occurred between 2004 and 2007 on
school trips, during private education sessions at Leifer’s Elsternwick
home, and backstage of a school play being performed at the Phoenix
Theatre.
She was acquitted
of five charges of rape and four charges of indecent assault, which were
alleged to have occurred on school grounds or a June 2016 school camp
in Blampied.
In their testimony before the
jury, the sisters said their mother had been violent and abusive growing
up, and school had felt like a safe haven.
Leifer, they said, had begun to show them a “warmth and care” they were not receiving at home.
Prosecutors
argued the evidence proved the former principal had targeted the girls
for their vulnerability, manipulating them with her affection.
“In
each instance, she started with lesser acts so she could see the
reaction and escalated over time,” crown prosecutor Justin Lewis told
the jury.
“As far as the accused was concerned, they were ripe for the picking.”
Leifer
has vigorously maintained her innocence, with her barrister Ian Hill KC
telling the jury from the outset her interactions were “proper and
professional”.
Outside of court on Monday, he told reporters he had “nothing to say at this time”.
The sisters, however, held hands
as they faced TV cameras and a throng of journalists to proclaim; “the
whole world will know that now, she is guilty”.
“Today we can start to take the power back that she stole from us as children,” Ms Sapper said.
“We
have sat in this court for going on nine weeks now, every day listening
to our truth and having people try to tear that apart and tear us
apart.”
Ms Meyer, whose allegations the jury acquitted Lefier on, described the feeling as “bittersweet”.
“Yes it’s bittersweet, but she is guilty,” she said.
“I turned around and looked at her … if she doesn't want to look at me, so be it.”
Ms Erlich said the abuse had held them hostage for so many years but it was now “time to start looking forward”.
“This
is the beginning of our future now, throwing off how the abuse has
impacted us for so many years and it’s time to start our lives,” she
said.
Shortly after the
verdict was handed down, Adass Israel School principal Aaron Strasser
issued a statement on behalf of the school.
“On
behalf of Adass Israel School, we apologise to the survivors abused by
Mrs Malka Leifer while they were students here,” he said.
“We are sorry for the distress they have suffered and the impact of that abuse on their lives and families.
“We commend the survivors’ bravery in coming forward.
“Adass
Israel School complies fully with all child safety standards and
regulations, and we have zero tolerance for abuse of any kind.”
Leifer will return to court for sentencing at a later date.
https://www.theaustralian.com.au/news/latest-news/malka-leifer-the-story-behind-melbourne-sisters-15year-fight-for-justice/news-story/5d15676a90d7abe5583fb2c59de3737f