Jury unable to return unanimous verdicts on all charges
The 12 jurors, selected by ballot from a jury of 15, began deliberating last Wednesday after hearing evidence and arguments.
The jury in the Malka Leifer trial was ushered back into court twice on Tuesday, telling Judge Mark Gamble they were at present unable to return unanimous verdicts on all charges relating to the former Adass Israel School principal.
Leifer, 56, faces 27 charges relating to sexual abuse, including 10 counts of rape, over events that allegedly occurred at the school between 2003 and 2007, involving sisters Elly Sapper, Nicole Meyer and Dassi Erlich.
The 12 jurors, selected by ballot from a jury of 15, began deliberating last Wednesday after hearing evidence from witnesses and arguments from Crown prosecutor Justin Lewis and Leifer’s defence barrister Ian Hill in the County Court of Victoria.
Jurors were called into court around noon on Tuesday, with the foreperson asking Judge Gamble for assistance regarding unanimity on charges. The judge told jurors that although he has the power to dismiss them, he would only do so “if I’m satisfied that you will not be able to agree on a verdict”, adding, “I am not yet satisfied that this is the case.” He urged them to “try to resolve your differences” but cautioned them not to “change your mind simply to reach a unanimous verdict”.
Hours later, the jury was ushered in again. With Leifer in the dock and the three complainants in the gallery, the foreperson asked Judge Gamble if jurors could return unanimous verdicts on some charges and remain hung on others.
The judge asked if the jury had in fact reached unanimity on some charges. The foreperson responded, “Yes.” The judge did not inquire on which charges they had reached unanimity. But asked if there was a “realistic chance” that with more time the 12 could reach unanimity on the remaining charges, the foreperson responded, “Yes, your honour.”
The jury resumed deliberations on Wednesday, as The AJN went to press.
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