Defence, prosecution argue over sentencing
The court heard that the 56-year-old Israeli teacher would almost certainly face deportation back to Israel after serving her head sentence.
AT a pre-sentencing hearing for Malka Leifer, Crown Prosecutor Justin Lewis has detailed the maximum penalties for convictions against the former Adass school principal, comprising 10 years for indecent assault, five years for an indecent act with a 16- or 17-year-old child, 25 years for rape and 10 years for sexual penetration of a 16- or 17-year-old child.
In April, a County Court of Victoria jury found Leifer guilty of 18 out of the 27 charges against her, relating to Dassi Erlich, now 35, and her sister Elly Sapper, now 34. These included rape, indecent assault and sexual penetration of a child aged 16 or 17 – which occurred over the period 2004-07 while Leifer was principal.
The court this week heard that the 56-year-old Israeli teacher – spirited out of Australia to Israel in 2008 when reports of misconduct surfaced, and extradited to Australia in 2021 after a long legal battle to keep her in Israel – would almost certainly face deportation back to Israel after serving her head sentence.
Leifer’s barrister Ian Hill, KC, raised in court the issue of how her deportation might affect the length of the non-parole period.
On Wednesday, the court sat hushed as Elly Sapper, one of Leifer’s victims, gave a victim impact statement in court, in which she said Leifer’s abuse had “left me utterly broken”, relating she suffered a miscarriage six days before the verdicts were pronounced.
The jury did not enter guilty verdicts on any charges relating to Nicole Meyer, a third sister, who spoke outside the court on Wednesday, indicating she was speaking for victims who feel they have not received justice.
Hill told Judge Mark Gamble on Wednesday that Leifer, in her sentencing, “should be given full benefit” for being acquitted of any charges relating to Meyer.
The barrister argued that Leifer’s time under home detention in Israel should also count towards a reduced sentence.
The court heard Leifer had been in various levels of custody for more than 2600 days, including 51 days’ imprisonment in Israel in 2014, and 608 days in home detention there.
But Lewis countered that if Judge Mark Gamble concludes Leifer feigned mental illness to avoid extradition, the full length of her home detention should not be counted.
The court heard from an Israeli judgment that noted Leifer’s “hospitalisations are almost always done several days before the hearing of her case”.
Hill said his client’s mental health had deteriorated while in Australian custody and is likely to further deteriorate.
He referred to reports by a Jewish prison visitor who said Leifer had shared with her experiences of nightmares and hallucinations, as she grappled with isolation from her family in Israel.
Hill said Leifer had been given “anti-psychotic” medication for “auditory hallucinations”.
He said despite the efforts of authorities at the Dame Phyllis Frost prison, there were “cruel aspects” and “harshness” for the only Orthodox Jewish woman currently imprisoned in Victoria.
Leifer has had twice-weekly one-hour visits by her son and daughter in Melbourne but had not seen her other six children, her 17 grandchildren and her husband, an Israeli rabbi, since being extradited. She has had visits from a Jewish prison chaplain.
Hill noted that in Israel, Leifer’s imprisonment featured occasional family reunion outings, which have not been possible in Australia.
On Wednesday, Erlich was allowed to read her victim impact statement from the lectern, which was repositioned so she could be in full view of Leifer, who followed proceedings by video link from prison.
As Leifer sat expressionless, Erlich stated, “Malka Leifer, you shattered my trust and stole my body and altered my life’s course, but you could not break my spirit.
“Today I stand as a survivor. Your darkness does not define me. Instead, I choose to focus on the light within myself, the love that surrounds me and the power of my own voice. I will continue to heal and grow and thrive.
“I was forced to sever the connection to my physical self in order to survive. I was set up for future harm as I entered abusive situations blinded because of her sexual abuse.”
Sapper told the court, “Growing up in a home devoid of love and affection, my heart yearned for love. And when confronted with the painful truth, that [Leifer’s] love wasn’t real, was a betrayal of such magnitude it left me utterly broken.”
Referring to the miscarriage, she said, “I will never know if the stress, the worry, the anxiety or the years of trauma played any part in the loss of my little girl.”
Leifer will be sentenced at a later date.
Meanwhile, a Victoria Police investigation into the assistance given by members of the Adass community to arrange Leifer’s hasty exit from Australia in 2008 – a probe closed in 2018 — has now been resumed.
A civil case against the Adass Israel school by an unnamed plaintiff alleging they were sexually abused by Leifer was settled hours before it was due to begin in the Supreme Court of Victoria last month.
Read excerpts from victim impact statements made by Dassi Erlich and Elly Sapper.
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