High court rules Leifer's fit for extradition
The Supreme Court has ruled unanimously that suspected sex offender Malka Leifer is fit for extradition, a decision which removes one of the final barriers to her extradition to Australia where she is wanted on 74 counts of sexual abuse and rape of minors.It's important to note that back in Australia, the Erlich sisters have almost been victims of a local law passed that's otherwise unfair to sexual abuse victims:
“It has been unanimously decided to reject the appeal, since it has been established that there is nothing in the mental state of the appellant to prevent the continuation of the extradition process to Australia,” the three judge panel ruled in a decision issued on Wednesday.
Lefier has evaded extradition to Australia for six years by claiming to be mentally unfit for trial or extradition, and Wednesday’s ruling finally closes this central aspect of her legal fight with a definitive ruling which completely rejected this claim.
In the decision, Judge Yitzhak Amit wrote that there was no reason to intervene in the ruling handed down in May by the Jerusalem District Court that Lefier was fit for trial.
Amit said explicitly that Leifer’s claim that becomes psychotic precisly before court hearings on her case and when she undergoes psychiatric evaluation could not be accepted.
He continued to say that Leifer does not suffer from a mental illness in the legal sense and that she is fit to stand trial for the purposes of extradition, noting that no less than seven psychiatrists have at different times pronounced her fit for trial, six of whom said she is in fact feigning mental illness.
Amit also noted that after release from her various hospitalizations for psychiatric treatment, Leifer was seen acting as a normal person, visiting people in different cities, doing her groceries, conducting phone calls and similar.
The judge also wrote that the extradition process was merely a preliminary process before the main legal proceedings, and that the question of mental fitness for trial needed to be treated as such, and not as would be required for the regular criminal process.
The principal legal proceedings are those which will take place in Australia and there is no place to examine the issue of fitness for trial as if this were a local criminal case, said Amit.
He also said that the standard for fitness for trial was subsequently lower for extradition than for criminal proceedings.
In response to the ruling, Dassi Erlich, one of Leifer’s alleged victims said that she and her two sisters, also allegedly victims of Leifer’s abuse, were “exhilarated, and that there was now “an end in sight” after six years and 70 court hearings on the case.
“This abusive woman has been exploiting Israeli courts for 6 years! Intentionally creating obstacles, endless vexatious arguments - only lengthening our ongoing trauma! “ wrote Erlich on Twitter.
“Too many emotions to process!!! This is huge!”
Dassi Erlich, Elly Sapper and Nicole Meyer on Wednesday won a fight to tell the world what they allegedly suffered at the hands of their former school principal Malka Leifer at Melbourne’s Adass Israel Girls School in the 2000s. [...]The sisters have thankfully won a request for being able to speak unbound:
Sisters Erlich, Sapper and Meyer have previously talked about what allegedly happened to them at the hands of Mrs Leifer – but they suddenly were gagged when Victoria brought in new laws in February this year.
The laws prohibit victims of a sexual assault being identified – even with the victim’s consent – unless they take the time and expense of obtaining a specific court order.
In the Melbourne Magistrates Court on Wednesday the lawyer acting for the three sisters, Adrian Strauch, slammed the law.
He said the victims of any other crime in Victoria were able to be heard if they chose.
He said the unique law added to the “taboo” around being a victim of sexual assault.
“Had my clients been the victims, or alleged victims, of any other offence on the statute book … there would be no impediment on them identifying themselves as the alleged victim,” he said.
“(It is) counter-productive to victim-survivors who have had the courage to speak out about their experience.
“The only appropriate threshold for the court ought to be choice. That is, a victim or an alleged victim’s choice. To require any further burden would create further grief, trauma, (and) stigmatisation.”
He said it was “crucial” that victims of sexual assault should not be identified without their permission – but that was not what was being talked about.
“It’s not related to any accused’s right to a fair trial … it is about the choice for one to identify themselves publicly rather than through pseudonym or pixelation,” he said.
A magistrate has lifted gag orders to allow the alleged sexual abuse victims of fugitive Melbourne school principal Malka Leifer to publicly share their story.The Australian government must repeal the law to ensure victims aren't gagged. It's bad enough California's passing a law now reducing penalties for sex offenders who assaulted minors. It's chilling to think that, if Leifer committed her crimes in California now, she'd likely be let off with just a slap on the wrist, as an example of how corrupt they've become. Now, let's hope that come late September, the Israeli court will pack Leifer off to Oz, where she should face local justice for her repulsive crimes.
Sisters Nicole Meyer, Dassi Erlich and Elly Sapper are the first to be granted permission by the courts to identify themselves since new Victorian laws were quietly introduced in February to silence sexual abuse victims.
Their applications were rushed through the Melbourne Magistrates’ Court after the Herald Sun last week revealed the new gag laws and launched the #LetUsSpeak campaign which called on the state government to repeal the laws.
Magistrate Metcalf on Wednesday lifted the orders for the sisters after their barrister Adrian Strauch argued sexual abuse victims should not have their voices taken away. [...]
Ms Erlich said she was “hugely relieved” by the court ruling and that it set a powerful precedent for other sexual abuse survivors.
“Our choice to speak has been restored!,” she wrote on Twitter.
“Judge Metcalf heard us. We have our voice back!
“An instrumental decision that will set a precedent & hopefully pave the way for other survivors to own & share their story
“There should not be any burden on a survivor other than their choice.” [...]
#LetUsSpeak campaign creator Nina Funnell welcomed the court’s decision but cautioned less high-profile cases may not get the same fast-tracked treatment by the courts.
“We are delighted for these survivor advocates who are paving the way. But we remain disappointed that they have had to deal with this ordeal to begin with. We hope the Government extends support to victims in all matters,” Ms Funnell said.
Labels: Australia, haredi corruption, Israel, misogyny, Moonbattery