ISRAELI COURTS DENY JUSTICE FOR RAPE VICTIMS OF AUSTRALIAN TEACHER
Judge Amnon Cohen again denied extradition of Malka Leifer - the Australian teacher who is facing charges in Australia of 72 counts of raping girls.
The credibility of the courts in Israel must be in question as yet again Malka Lefier - who worked in a Jewish school in Melbourne Australia fled to Israel and has been harboured ever since. A married woman with 8 children, she escaped with 5 of her children 6 years ago, and the courts in Israel have not yet been able to extradite her. Suddenly at each hearing, she is mentally ill and cannot leave. She is represented by the former head of the Israel Bar - Doron Barzilay. The prosection lawyer Roni Aloni Sadovnik is fighting the insanity of the Israeli courts to have Malka Leifer removed from the State to face up to her crimes.
Whilst her husband was travelling, she allegedly had underage sex in the home with children aged from 5 - 12. One of the minors attempted suicide after the rape. She approached the school administrators and raised AUD $100,000. She stole AUD $20,000 and left Australia in March 2008. Extradition proceedings were started in August 2014. It is inconceivable how she has been able to stay in Israel for 8 years. Why she hasn't been sent back to Australia where they can decide if she is fit for trial, according to the laws of the country in which she committed the crimes, and victims are ready to testify. If she truly needs psychiatric treatment, shouldn't it be according to Australian law?
Malka Leifer (47) led the ultra Orthodox girls school in Melbourne, where according to witnesses, she molested girls. Until her arrest, she lived in Emanuel, a Haredi City in Israel where some residents also had claims and fears. Only in August, caase number 23733-08-14 was the request filed by the State Attorney's Office in Israel. District psychiatrist Dr. Jacob Charnes stated Ms. Leifer requires immediate hospitalisaton thugh no recommendation of treatment was stated. In June 2016, another hearing will take place
Leifer's defence attorneys have made it clear they will seek not only to delay the proceedings against her, but to also suspend them, claiming she is not fit for trial. They argue that the situation worsens each time there is a session and it is unlikely to change. Some in the legal profession believe the extradition should be an automatic process without any hearings.
Leifer's lawyer made it clear that they will seek not only to delay the proceedings against her, but also to suspend them, claiming she is not fit to stand trial. They argue that the situation worsens every time is going to be a session in the case and there is no chance that this will change.
In this video you can see the victims of Leifer. Australia doors are not closed.
The questions and suggestions of many in Israel are that she may get special treatment because she is a woman. Why is the media not being flooded with this story?
Questions are being asked of Dr. Jacob Charnes - the district psychiaatrist. It is not clear whether the psychotic demonstrations are just a show and she is working with the psychiatrist in co operation. It may well come to light that Dr. Charnes has no tools to differentiate between who is crazy and who is acting.
The following is the decision by the Court on 1/5/2016. (translated)
Jerusalem District Court
- Against -
Attorney Avital Ribner-Oron respondent:
Attorney Yehuda Fried
Adi Niv and Omri Azulay
The petition to declare that the respondent, daughter of Moshe Malka Leifer, she was extradited to Australia, filed on 17/08/14. Nevertheless, up to now have not yet been able to hear the petition, in view of the respondent's mental condition, which means she is periodically hospitalized in the hospital, following psychotic episodes.
Agreement of the parties, and taking into account the opinion submitted by the respondent, I determined that the respondent checked 48 hours before the hearing by the district psychiatrist, Dr. Jacob Charnes, which will submit opinions to the court whether to hold the hearing on the appointed day - at home Court or alternatively the whereabouts of the respondent. Yes I determined that the district psychiatrist treats the medical claim that the proceedings makes the respondent state pressure and worsening psychosis (see my decisions dated 07/15/15 and from 26/10/15).
Opinion filed on 03/01/16 district psychiatrist found that her mental state deteriorated since the respondent's previous examination on 01/04/15 (at that time, the district psychiatrist found that the respondent is able to stand trial and is not in a state of psychotic). District psychiatrist noted that the respondent 'myself now in a wave of psychotic impaired difficult for the mind, emotion and volition. It seems that now is not able to understand the nature of court proceedings, is not able to understand the content, significance and implications of the evidence brought before it and all this because of mental illness ". It should be noted that the day after the respondent has been reviewed by the district psychiatrist, she was hospitalized in Tel Hashomer, and as of this writing, is still hospitalized.
In light of this situation, it is not possible to hold the hearing in the presence of the respondent, considered suspend the extradition proceedings against respondent in accordance with section 94A of the Criminal Procedure [Consolidated Version], 1982.
At a hearing before me on 05.01.16, the petitioner's counsel expressed its opposition to the possibility of suspending the proceedings against the respondent and requested that Right after the current hospitalization respondent, the respondent will be reviewed by the district psychiatrist and if found fit to stand trial, a discussion will take place immediately. Counsel for the respondent, in turn, sought to cancel the extradition proceedings effective, claiming that even if improving the mental condition of the respondent and her psychotic pass, then it will get worse again near the date of the hearing will be determined, in light of the respondent under pressure in preparation for the hearing. They said that was up to now and this is a magic wheel'll never run "(p 19 S. 7-8). Counsel for the respondent based this argument on an opinion dated 18/03/15 of Dr. Solomon Mendelovich, director of the department remained calm her hospitalized respondent, in which he wrote that according to the assessment team of the Department, "The discussion of the respondent court raises the most extreme emotional reactions" and therefore, "it seems that at that time your best bet is not to have a discussion in court." also there are the words of the district psychiatrist first in his opinion dated 01/04/15, "the impression was that the Department of detention and the possibility that she was betrayed to Australia were the trigger for the current psychotic attack".
Therefore, after weighing things - and given the current opinion of the district psychiatrist does not address the question of whether the respondent prior to the hearing is the pressure that causes worsening of psychotic (as Bhhltotii dated 15/07/15 and from 26/10/15), and taking into account the importance of the existence of international obligations that Israel has taken the itself - I find order that the district psychiatrist shall submit to the court review which will address the respondent's counsel claimed that the proceedings makes the respondent state pressure and worsening psychosis. If you would answer this question in the affirmative, the district psychiatrist will examine, at the request of counsel for the petitioner, is there any treatment capable of preventing the deterioration of the situation of the respondent for the discussion, what are the chances that this treatment benefit.
The opinion will be submitted by December 02.10.16 presence of the parties and discussion will take place on 02/21/16 at 9:30.
The Secretariat will move to the district psychiatrist copy of my decisions dated 07/15/15 and from 10/26/15 and a copy of the minutes from 01.05.16 and this decision. Yes furnish a copy of this decision to the parties.
Issued today, nine years rent Tevet, January 5, 2016, in the absence of the parties.
Provision is covered well in the Australian media, including posting a picture of Liefer. Israeli media channels are afraid to publish the picture. why? Because the criminal is a woman?
Whilst the victims suffer from trauma, the Israeli courts are pandering to the alleged rapist who panics each time she has a hearing. It is surely up to the Australian courts to handle, and it looks as if the delay will be for some time. It is a blight on an already questionable judicial system that can harbour such a person. Not only have huge financial awards been given to one victim, but the school itself is deemed guilty for helping Liefer escape from Australia. Hutzpah is not the word.