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Court: Alleged child sex abuser wanted by Australia faked mental illness

Jerusalem District Court rules Malka Leifer, wanted by Australia on 74 sexual assault charges is fit to stand trial. Extradition hearing set for July 20. Australian AG "strongly committed to ensuring that justice is served."

by  Yair Altman and News Agencies
Published on  05-27-2020 10:48
Last modified: 05-27-2020 10:50
Court: Alleged child sex abuser wanted by Australia faked mental illnessAP/Mahmoud Illean

Australian Malka Leifer is brought to a courtroom in Jerusalem, Feb. 27, 2018 | File photo: AP/Mahmoud Illean

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The Jerusalem District Court on Tuesday ruled that a former teacher accused of sexually abusing her students in Australia is fit to stand trial for extradition, capping a years-long battle that has strained relations between the two allies and angered Australia's pro-Israel Jewish community.

Malka Leifer, a former principal of an ultra-Orthodox Jewish school in Melbourne who is wanted by Australian police on 74 sexual assault charges, including rape, denies the allegations against her and had claimed mental illness in fighting her extradition. The case has dragged on in Israel since 2014.

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The court, which had ordered a series of psychiatric examinations, said Leifer was "faking" mental disability and was fit to stand trial, accepting the position of the prosecution.

"Therefore, I order the resumption of the extradition process in her case," Judge Chana Miriam Lomp said in a ruling released to reporters.

In a statement, the International Division at the State Attorney's Office, which favors Leifer's extradition, said that "the way has now been opened for focused, swift and effective deliberations" about her return to Australia.

A July 20 extradition hearing was set by the court.

The ruling was hailed by Leifer's alleged victims, who have accused their one-time school principal and Israeli authorities of dragging out the case for far too long.

"OMG!!!" Dassi Erlich, one of her accusers, wrote on Facebook. "Too many emotions to process!!! This is huge!"

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

Erlich and two of her sisters have spoken publicly about their allegations against Leifer. They say Leifer abused them while they were students at an ultra-Orthodox school in Melbourne, and there are said to be other victims.

In 2008, as allegations surfaced, the Israeli-born Leifer – a trusted educator in an insular religious community – fled to Israel to avoid prosecution.

Australia requested Leifer's extradition in 2014 and more than 60 Israeli court hearings have followed.

After Australia filed its extradition request, Leifer was put under house arrest and underwent the beginnings of an extradition process that ended in 2016 when a mental health evaluation determined she wasn't fit to stand trial.

But investigators later claimed to catch her leading a seemingly normal life and accused her of faking mental illness to avoid prosecution. Leifer was again arrested in early 2018 and the court asked for another psychological review. She has since been held in Israeli custody.

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.

In recent years, leaders in Australia had expressed impatience over the slow pace of justice, and Australia's prime minister raised the matter with Israel's president during an official visit to Australia in February. Leaders in Australia's pro-Israel Jewish community had also criticized the Israeli justice system.

Australian Attorney General Christian Porter, called the ruling a "positive sign," and said his government is "strongly committed to ensuring that justice is served."

"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," he said.

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