'Israel-Australia Relations Irreparably Damaged': Diplomatic Row Erupts Over House Arrest for Accused Pedophile Leifer
Australian authorities and the Australian Jewish community
have relayed furious messages to Israel, saying they have lost patience with
the extradition proceeding of alleged pedophile Malka Leifer.
On Wednesday, the Jerusalem District Court ordered that
Leifer be released to house arrest after it found she had not been shown to be
fit to stand trial.
"While it is not possible to determine unequivocally
that Leifer pretended [that she is not fit to stand trial], an examination of
matters leads us to believe she should be released to house arrest," the
court ruling said.
Australian Ambassador to Israel Chris Cannan said the
decision to release Leifer was "concerning."
“Australia maintains its consistent position that Malka
Leifer should be extradited to face allegations of child sex abuse in
Australian courts," Cannan said, adding his delegation would
"continue to put our concerns directly to the Government of Israel"
A diplomatic source familiar with the case says the decision
to release Leifer to house arrest was received in Australia as “the last straw”
after years of delays in the extradition proceedings, and as an indication that
the case could fall apart without Leifer being tried.
"This story is shocking to the Australian public, the
rape of little girls seemingly being whitewashed. We have many areas of
cooperation with Australia, including security, and they are in real
danger," the source said. "Even as an ordinary citizen, it’s not easy
to justify this move to them after the Litzman case. The Jewish community there
is so angry they’re even threatening to totally halt all donations to Israel,”
the source added.
In February, Israel Police recommended the indictment of
Deputy Health Minister Yaakov Litzman, himself a Ger Hasid like Malka Leifer,
for allegedly using his position to influence the judicial process. Litzman is
suspected of putting pressure on Jerusalem District Psychiatrist Jacob Charnes
to change his opinion and to rule that Leifer is unfit to stand trial, contrary
to what he claimed at first. Charnes did later submit a revised opinion.
Litzman, who is also head of the United Torah Judaism
alliance and a Netanyahu ally, is suspected of attempting to influence another
senior psychiatrist, although that professional finally ruled that Leifer can
be extradited.
According to the same diplomatic sources, this directly
threatens the reciprocity clause in the extradition agreement between the two
countries. “In Australia, they’re even
asking now whether someone paid off the district court. That’s how profound the
crisis of trust is,” the sources add.
Leifer's release was postponed for 48 hours, so the
prosecution could appeal the ruling. The International Department of the State
Prosecutor’s Office did file to appeal the decision with the Supreme Court,
which is expected to hold a hearing on Thursday.
Over the years, the former headmistress' lawyers tried to
claim that she was not mentally fit to face trial in order to prevent her
extradition to Australia, but psychiatrists determined in 2018 that these
claims were false and that Leifer was capable of facing trial. Since then, she
has been incarcerated at the Neve Tirza prison. Her lawyers called Thursday's
decision "extremely dramatic."
"This means she will be released. A house arrest is
just a precautionary measure until we fully complete the process," her
laywers said. "Then Ms. Leifer will return home and get the treatment she
deserves, like any other sick individual. We hope that the prosecution accepts
this and doesn't try to appeal."
But Jewish Community Watch, the organization dedicated to
the prevention of child sexual abuse within the Orthodox Jewish community that
has been accompanying the alleged victims, spoke out in the wake of the court
ruling.
"We are stunned by the decision that was made to send
sex offender Malka Leifer to house arrest. This is a dangerous woman who is
making a laughing stock out of the court," the group said in a statement.
"Our organization provided clear evidence which testifies that Leifer
leads a normal life, and many psychiatric opinions have reaffirmed this. We
regret this decision and our hearts are with the victims."
Leifer, who holds Israeli citizenship, was the principal of
an all-girls ultra-Orthodox school in Melbourne. She is accused of targeting
three sisters who were her students, and faces 74 charges of indecent acts and
rape. After the accusations against her emerged in 2008, she fled to Israel,
and in 2014, Australia filed a request for extradition. Since then, the process
has been under discussion in Israeli courts.
Last week's hearing was the 57th. The Jerusalem District
Court decided to open a panel of experts to determine whether Leifer is
mentally fit to stand trial. Following this decision, Leifer's attorneys
contacted the courts and asked that she be released to house arrest.
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