Read The Times Australia

Daily Bulletin

The Israeli Supreme Court has cleared the way for Malka Leifer's extradition hearing. What happens now?

  • Written by: Amy Maguire, Associate Professor in Human Rights and International Law, University of Newcastle

Israel’s Supreme Court ruled on September 2 that Malka Leifer is fit to stand trial on charges she faces in Victoria. Leifer is accused of 74 counts of rape and sexual assault.

This ruling is a significant milestone in the ongoing effort to extradite Leifer from Israel to Australia. It is the final legal hurdle to a full assessment of Australia’s extradition request. The District Court will decide on September 21 if Leifer should be extradited, although that hearing will still offer avenues for appeal and may result in further delay.

Read more: Explainer: what is extradition between countries and how does it work?

The charges

In 2000, Leifer was employed from Israel to become headmistress of the ultra-orthodox Adass Israel girls’ school in Melbourne. During her time at the school, Leifer is alleged to have sexually abused three students - sisters Dassi Erlich, Nicole Meyer and Elly Sapper.

When the allegations emerged in 2008, Leifer fled to Israel with her family. The school funded her flights. Her alleged victims have doggedly pursued Leifer’s extradition to Australia in the years since, at considerable personal toll.

The Israeli Supreme Court has cleared the way for Malka Leifer's extradition hearing. What happens now? Elly Sapir, Dassi Erlich and Nicole Meyer. AAP/James Ross

Australia seeks extradition

In 2013, Australia lodged an extradition request with Israel. Extradition is a process by which an alleged offender may be apprehended by an “extraditing state” and transferred to a “requesting state” in order to be tried for a crime in the requesting state’s jurisdiction.

Although extradition is a longstanding concern of international law, it relies on extradition arrangements between states rather than an overarching system of enforcement.

Australian law governs extradition through the Extradition Act. The act sets a framework for courts to determine if a person is to be extradited from Australia. It also empowers the government to make extradition requests of other governments.

Following Australia’s request, Israel eventually arrested Leifer in 2014. However, she was later bailed, claiming to be too unwell to attend multiple subsequent court hearings on her case.

In 2018, Leifer was again jailed, when evidence emerged that she had been living and socialising normally in an orthodox Israeli settlement.

Where does the extradition request stand now?

Extradition is a complex process, including legal and political elements.

In January this year, a psychiatric panel determined Leifer was mentally fit to stand trial. In May, the District Court in Jerusalem confirmed that finding.

Leifer appealed the May ruling, and it was that appeal that has now been dismissed in the Supreme Court of Israel. The judges noted the case has dragged on considerably longer than is reasonable.

Read more: Malka Leifer has been ruled fit to stand trial. Will extradition to Australia follow?

Leifer’s lawyer, Nick Kaufman, had argued she would not receive a fair trial in Australia, because the case has been so widely reported. In Kaufman’s view, a jury would be prejudiced against Leifer because of the earlier findings she was faking her mental illness to avoid extradition.

The Supreme Court rejected this argument. But this does not mean Leifer will soon be extradited to Australia (never mind the additional complication of arranging her travel during the pandemic).

In extending the legal process for so long, Leifer has managed to avoid any substantive decision on the extradition claim itself. Years of hearings have been concerned with her fitness to stand trial.

So this week’s decision paves the way for the substantive extradition process to commence. Hopefully it will proceed more quickly than all the steps that have led to this point. The District Court in Jerusalem is due to give its finding on the substantive extradition matter on 21 September.

If the District Court concludes Leifer should be extradited to Australia, she will again have an opportunity to appeal.

Extradition decisions in Israel are governed by Israeli law. Once the matter is resolved in the courts, responsibility will shift to the Department of International Affairs in the Israeli Ministry of Justice.

This means the eventual political outcome of Leifer’s case, even if Israel agrees to extradite her to Australia, may come with conditions. For example, Israel could require that Leifer be returned to Israel to serve a sentence of imprisonment, should she be convicted in Victoria on the charges she faces.

This would be a challenging outcome for Australia, particularly in light of the current controversy regarding the conviction of an Australian national for the Christchurch massacre. In that case, some in New Zealand are calling for Australia to repatriate the convicted man to serve his life imprisonment sentence in Australia.

One thing is certain - this week’s ruling will bolster Australia’s strong and consistent demands for Leifer’s extradition to face prosecution in Victoria. This case has strained relations between Australia and Israel. A swift resolution of the remaining processes, and Leifer’s extradition, would be significant in shoring up friendly relations between the two countries.

Authors: Amy Maguire, Associate Professor in Human Rights and International Law, University of Newcastle

Read more https://theconversation.com/the-israeli-supreme-court-has-cleared-the-way-for-malka-leifers-extradition-hearing-what-happens-now-142986

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Critical Structural Checks to Prioritise Before Renovating an Older Property

The Australian home renovation market is experiencing unprecedented growth. The total value of thi...

Why Regular Gutter Cleaning Northern Beaches Is Important

Living in the Northern Beaches offers beautiful coastal scenery, fresh air, and leafy surroundings...

Double Glazed Sliding Doors vs Standard Sliding Doors: Key Differences

Sliding doors are a popular choice in modern homes due to their space-saving design and ability to...

How to Plan a Bathroom Renovation Timeline (Without Surprises)

A bathroom renovation rarely feels “small” once work begins. Even modest updates involve multiple ...

What “Extraction Facial” Actually Means (And When It Helps)

“Extraction facial” is one of those skincare terms people use as if it’s one standard treatment, b...

How Compounded Medicines Support Individual Health Needs

Not every patient responds to medicine in the same way. Age, allergies, dosage requirements and sw...

How Live Comedy Can Shape the Mood of an Event

The mood of an event is shaped by more than the venue, food, music, or schedule. Entertainment can...

Why Home Gym Mats Are Becoming a Must-Have

Building a dedicated workout space at home has become increasingly common across Australia. Many p...

Choosing an ELISA Format That Matches Your Target

A colorimetric ELISA ends with a plate that has developed color, and the instinct is to read more ...