Dave Sharma (Wentworth, Liberal Party) Share this | Link to this | Hansard source

I move:

(1) notes that Malka Leifer, the former Principal of the Adass Israel Girls School in Melbourne, fled Australia in 2008 as child sexual abuse allegations against her surfaced;

(2) reaffirms the formal extradition request that was filed by Australia in 2014 requesting she be returned to Victoria to face 74 charges of child sexual abuse;

(3) acknowledges the bravery of Ms Leifer's alleged victims - especially Dassi Erlich, Nicole Meyer and Elly Sapper for their tireless pursuit of justice;

(4) further notes that over five years have elapsed, and over 60 court hearings have been held in Israel, since this extradition request was first lodged, without any significant progress having been made;

(5) expresses regret and concern at the numerous attempts to prevent and delay Malka Leifer facing justice in Australia; and

(6) calls for the immediate extradition of Malka Leifer to Australia to face 74 charges of child sexual abuse.

I wish to address the House today about an important issue of justice. Ms Malka Leifer, who was principal of the Adass Israel School in Elsternwick, Melbourne, bolted from Australia in 2008, two days after she was sacked by the school board amid allegations surrounding inappropriate relationships with some of the pupils at the school.

In 2013, 74 charges of sexual assault were filed against Ms Leifer in connection with her time at Adass school. In 2014, Australia made a formal request for the extradition of Ms Leifer in order to face these 74 charges. In the same year, in August 2014, this extradition request was filed in the Jerusalem district court. I recall this well. I was living in Israel at the time, representing Australia as our ambassador. I distinctly recall receiving and formally conveying our extradition request. I expected it would be a straightforward case, that the wheels of justice would turn and that, within the space of 12 to 18 months, we would see Ms Leifer extradited to Australia in order to face justice for these most grave and serious charges levelled against her.

But I regret to report that in the five years that have elapsed since the extradition request was first made the wheels of justice have stalled. There have now been upwards of 60 court hearings in this case and yet only now are we just beginning, painfully slowly, to see the wheels of justice break free from their shackles and ever so perceptibly begin gradually to turn. The actual petition for extradition has in fact never been argued before the courts in Israel because, prior to each hearing, Ms Leifer would claim to be experiencing a psychiatric episode and fail to appear before the court. This behaviour is not only an affront to justice; it is deeply traumatic for the victims of this abuse, it is damaging to Israel's reputation and it is increasingly becoming a point of contention and friction in our otherwise positive and productive relationship with Israel.

Since I last spoke about this issue in the House, however, there has been a noteworthy development. On 13 January this year, 2020, the Office of the State Attorney in Israel requested that the extradition request be expedited. The Office of the State Attorney did so on the basis that a psychiatric panel appointed to assess Ms Leifer reported to the court on 9 January. In its report, the psychiatric panel stated their findings that they:

… unanimously and unequivocally determined that Leifer was mentally fit to stand trial and that she had been faking her mental incompetency all along.

Let me repeat that: they found unanimously and unequivocally that Ms Leifer was mentally fit to stand trial and that she had been faking her mental incompetency all along. The Office of the State Attorney in Israel added in their commentary:

The psychiatric panel's findings lead to the inevitable conclusion that over the past five years, the court and the mental health system have fallen victim to a fraud perpetrated by Leifer and her supporters.

I could not agree more wholeheartedly.

As a result of the state attorney's request, the 63rd court hearing in this case was held in the Jerusalem District Court on 24 January 2020. Media reports describe this hearing as 'an excruciating 90 minutes of groundhog day,' with Ms Leifer's lawyers once again attempting to frustrate and further delay the process, which has already been far too prolonged. They have been granted an opportunity to cross-examine the members of the psychiatric panel which assessed Ms Leifer. I hope that this cross-examination happens quickly and we can move forward.

Ms Leifer has continually used claims about her mental state to frustrate and delay attempts to extradite her. The willingness of the Israeli legal system to entertain these claims seems to make no consideration or allowance for the fragile mental state of Ms Leifer's alleged victims and their legitimate desire to see justice served in this case. At a hearing in October last year Israeli Supreme Court Justice Anat Baron said:

The doubt itself regarding the credibility of the defendant in everything relating to her mental status creates the concern that this is an attempt by her to escape justice and to disrupt the legal proceedings.

I endorse those comments.

Members of the House would be aware that, in a further twist in this case, the Israeli police have recommended the indictment of the Health Minister, Yaakov Litzman, in Israel for allegedly pressuring the officials in his office to prevent the extradition. This is an exceptionally serious allegation. If true, this would be a gross interference in the course of justice. I hope and, indeed, I expect that it will be fulsomely and fearlessly investigated.

In December last year, the member for Macnamara, Josh Burns, and I met with Dassi Erlich and Nicole Meyer, two victims of Malka Leifer's abuse who came to personally lobby for fast-tracked extradition. The passion and determination that Dassi and Nicole and others have shown in continuing to fight for justice in this case is inspiring. Nicole said of her motivations:

We're trying to send a message to all survivors that even if you have been abused life can go on, justice can be served, and we want to stand strong on behalf of all others, not just ourselves.

After five years of waiting, the persistence of Nicole, Dassi and other victims looks close to being rewarded. But the fact that an extradition like this has been held up for five years based on a claim that the alleged perpetrator has been in the midst of a psychiatric episode that was later found to be fake is, quite simply, unacceptable. I do not doubt the independence and the integrity of the Israeli legal system; nor do I doubt the commitment of the Israeli justice ministry in pursuing this case, but, quite simply: enough is enough. This case has gone on for far too long.

I endorse the recent comments of the Israeli Ambassador to Australia, Mark Sofer, when he said:

… the case has gone on for far too long and nothing short of full justice can be acceptable.

Indeed, nothing short of full justice can be acceptable. As a friend to Israel, I can only advise that this case is causing harm to Australia-Israel relations. It is doing damage to Israel's reputation as a country governed by the rule of law. It is very important that Israel knows, at all levels, that this is an important case for Australia. It is one that is, increasingly, having an impact on bilateral relations and on how Israel is viewed and perceived in Australia. It is one that we will not let rest until we see Ms Leifer extradited to face justice in Australia.

I and others, including those here today, will keep faith with the victims of this awful abuse, and we will be relentless in ensuring that justice is done in this case. Those who suffered from Ms Leifer's abuse should be praised for their persistence in the pursuit of justice. Those of us in Australia with the capability to do so owe it to them to stand up and fight alongside them.

I'm confident that others in this House will continue to work alongside us and that the Australian government will continue to pursue the extradition of Malka Leifer. With the breakthrough finally made in January of this year, I am hopeful and, indeed, insistent that this case will reach a satisfying conclusion and that justice will be served. We will not rest until that is the case. Let me also acknowledge the work of the member for Macnamara, here in this place today, who has done a tremendous job in highlighting this issue and bringing it to public attention.

Andrew Wallace (Fisher, Liberal Party) Share this | Link to this | Hansard source

Is there a seconder to the motion?

Josh Burns (Macnamara, Australian Labor Party) Share this | Link to this | Hansard source

I am pleased to second the motion put forward by the member for Wentworth. This motion has not only brought the member for Wentworth and me together but united members and senators in a rare but significant display of bipartisanship in this place. I want to thank the member for Wentworth for the collaborative and productive way in which he has approached this motion as well as all of the representations in this case. He has acted in good faith, and I really appreciate all of his efforts in this as well. I also want to acknowledge Dassi Erlich, Nicole Meyer and Elly Sapper. Dassi and Nicole visited Canberra recently and, on a suggestion made by the both the Leader of the Opposition and the Speaker of the parliament, a motion was put forward to continue the representation and to continue the pressure being put on Israel in this case.

In a free, democratic society such as Australia or Israel, everyone who is accused of a crime is entitled to a fair trial, to representation and to be able to defend themselves. But this case has gone far beyond any course of natural justice. It has been 12 years since Malka Leifer, the former principal of the Adass Israel girls school in my electorate, fled Australia for Israel in the dead of night. She fled as questions were beginning to surface around her conduct as the principal.

It has been nine long years since the first brave victim, Dassi Erlich, gave her statement to Victoria Police. It has been six long years since Australia filed a formal extradition request to Israel so that Malka Leifer could be returned to Australia to face the 74 charges laid by Victoria Police relating to cases of child sex abuse. It has been four long years since Dassi Erlich began her public campaign to bring Leifer back, joining forces with her sisters, Nicole and Elly, to tell their story and to enlist the support of the Australian Jewish community, the wider public, our parliament and our government. In that time, the case of Malka Leifer's extradition has had 63 court hearings, and not one of them has been about the extradition. The actual extradition process hasn't yet begun. They've been about her fitness to appear before an extradition process.

It is known that sexual assault victims face a significant dilemma when they are forced to decide whether to come forward. It's a very hard thing to go public. It's a very hard thing to tell your story. If you are a victim, having other people know what you've been through is probably the last thing that you would want. It is to be forced to relive your trauma under the glare of the public, of your family and of your friends, and yet that is what these sisters did. They spoke out not just for themselves but so that the culture that had infected our institutions would be confronted.

The shocking secrets of the past were exposed by our Royal Commission into Institutional Responses to Child Sexual Abuse, courageously set up by Julia Gillard. The results were horrifying and overdue. It was found that, in the Yeshiva schools in Melbourne and in Sydney's Orthodox Jewish communities, rabbis had been forbidding the reporting of child sexual abuse to the authorities. It was revealed that victims and those who stood by them were ignored. It is important to acknowledge the work that one such victim, Manny Waks, did in going public at this stage. Just like for Dassi, Nicole and Elly, the choice of coming out publicly meant choosing to leave behind everything that these young people had known. Drastic change was necessary.

The bravery and courage Dassi, Nicole and Elly have shown is remarkable. They've spoken out for not just themselves but all other victims at the Adass Israel girls school and for all child sexual abuse victims. Their campaign has not just enlisted the member for Wentworth and I; they have met with former Prime Minister Turnbull, Prime Minister Morrison, former opposition leader Mr Shorten, opposition leader Mr Albanese, the Treasurer, the deputy opposition leader, the Premier of Victoria and several members of the Israeli parliament. I also pay tribute to former Premier of Victoria Ted Baillieu. Ted has been an enormous support for the sisters and has helped elevate their case from the very beginning.

They, our sisters, have made immense progress in alerting not just Australia's attention but Israel's. Only a few short years ago, this matter was virtually unheard of in Israel. Today, this story is a headline not just in the Australian and the Israeli press; it makes international headlines on a regular basis. Make no mistake: if justice is allowed to run its course, it will be because of the inspiring pursuit by three brave women. But, despite all that progress, we are here today because the wheels of justice are turning too slowly. In fact, the wheels of justice have been corrupted. That is not just our opinion here in Australia; that is the opinion of the Israeli police.

Israeli police have rearrested Malka Leifer, accusing her of faking mental illness. Israeli police are accusing Yaakov Litzman, formerly the deputy health minister in the Israeli government, of corruptly abusing his position to protect Malka Leifer. Israeli police are arguing that Litzman pressured Jerusalem's district psychiatrist, Jacob Charnes, whom he appointed, to declare Leifer unfit to stand trial. Under scrutiny from police, Charnes backflipped and then backflipped again. Charnes has now been stood aside from the case, and a new psychiatric panel has come to the unsurprising conclusion that Malka Leifer is fit to stand trial. Yet still the delays continue.

We still have no idea if or when Malka Leifer will ever board a plane to Melbourne. And Yaakov Litzman is no longer the deputy health minister; he is now the health minister of Israel, promoted by Prime Minister Benjamin Netanyahu. There is an ancient concept in Judaism called mesira. It is said that a Jewish person shouldn't hand over another Jew to authorities. It is the warped justification of many of Leifer's supporters. But I say to anyone here in Australia or in Israel: anyone who is assisting further delays is choosing to help an adult evade consequences after they robbed children of innocence and dignity. Anyone who is helping Leifer should be held to account as well.

This motion is a reminder to Prime Minister Netanyahu that Australia demands and will continue to demand justice. Australia and Israel are close friends. We share a bond that predates the existence of the modern Jewish state. Australia was the first nation to vote in favour of the establishment of Israel at the United Nations. Former Labor foreign minister Doc Evatt was instrumental in arguing the case for the United Nations to resolve for its establishment. Today our nations enjoy warm ties and great friendship. But on this issue our friends have let us down.

Two years ago, Prime Minister Netanyahu visited Australia. It was a historic visit: for the first time, a sitting Israeli Prime Minister had come to this country. Prime Minister Netanyahu said: 'Israel has no better friend than Australia and Australia has no better friend than Israel.' But to quote my friend Jeremy Leibler, President of the Zionist Federation of Australia, in an open letter to Prime Minister Netanyahu, 'Friendship must go both ways.' And right now our friends are not doing right by us. Australia does stand up for Israel, and right now we need Israel to stand up for us. This is not merely about what is right for us or for Israel; this is about what's right for three sisters and countless others who deserve justice. This is about what's right for every victim of abuse in Australia and Israel and all over the world. The Australian Jewish community is united. The Australian parliament is united. The Australian public is united. We are asking our friends a very simple request: do what is right; do what is just; end this farce, and bring Leifer back.

Katie Allen (Higgins, Liberal Party) Share this | Link to this | Hansard source

I rise in this place to support the motion put by the member for Wentworth and commend the strong support for the motion by the member for Macnamara. It's pleasing to see such bipartisan support on this very important issue. 'Justice, justice, you shall pursue.' These penetrating and powerful words from the Book of Deuteronomy resonate in everything that we must do in this place and must do for society. It's time that the pursuit of justice succeeds in the case to extradite Malka Leifer. Malka Leifer, the former principal of the Adass Israel girls school in Melbourne, left Australia almost 12 years ago after child sex abuse allegations against her surfaced.

I recently had the privilege of meeting Dassi Erlich and Nicole Meyer here in Canberra following the anniversary of our national apology to victims and survivors of institutional child sex abuse. I had the opportunity to sit with them and to hear their story. I was astounded by Dassi and Nicole's overwhelming sense of strength, courage and, above all, bravery. These sisters have been fighting for justice for themselves and for survivors of sexual abuse. Long-lasting impacts can include guilt, shame and anger.

The important thing is that, because justice has not been served, closure cannot occur. Abuse can occur over a person's lifetime and impact every facet of their lives. Child sexual abuse can affect many areas of a person's life: mental health, interpersonal relationships, physical health, sexual identity, gender identity; sexual behaviour, connection to culture; spirituality and religious involvement; interactions with society; and education, employment and economic security. These are not small things. During the royal commission on institutional responses into child sex abuse, 94.9 per cent of interviewees reported suffering from mental health impacts. We also now know how an institution's response to child abuse claims can have a very profound effect and impact on children. It can compound the issues if ignored or it can help alleviate the impacts if recognised and steps are taken to respond and rectify the situation. I know this as a paediatrician, having cared for families for 28 years at the Royal Children's Hospital. It's important that closure occurs.

A division having been called in the House of Representatives—

Sitting suspended from 19:06 to 19:18

As I was saying, the extraordinary situation is that this case was raised first 12 years ago. It is five years and 60 court cases since the extradition was lodged for 74 charges of sex abuse. A psychiatric panel has finally declared that Malka Leifer is fit for extradition, in January this year, and that is after the determination of so many people on all sides of parliament, at state and federal levels.

Australia stands side by side with Israel. We have a shared democracy. Our judiciaries are both independent, as they should be. Our religions have a shared history as well: both are built on tenets of respect, justice, peace and love. It is with this in mind that my colleagues and I, on both sides of the House, respectfully make this plea today to urge the Israeli government to step in and ensure that Malka Leifer returns, in line with the formal extradition request made in 2014.

The ripple effects of child sexual abuse can have adverse and ongoing social, cultural and economic impacts. The Jewish community is strong in faith and culture in Melbourne, where my seat of Higgins is, but it is disappointing that this dark cloud is still hanging over the Jewish community after repeated calls from so many state and federal MPs on both sides of politics, and Jewish leaders too, to bring Malka Leifer to Australia so she can face the justice system and her accusers.

Mike Freelander (Macarthur, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak on the motion moved by the member for Wentworth and seconded by the member for Macnamara, and I thank them for bringing this matter before the House. I wish to associate myself with the comments by my colleague from across the aisle, along with the contributions of the member for Macnamara and the member for Higgins. We cannot overstate the importance of the words put before us in this motion and the standard that they set. We are talking about an individual who, aside from allegedly committing some of the most heinous crimes, has demonstrated complete contempt for the rule of law in our land and sees themselves as above our nation's judiciary.

The individual in question, Malka Leifer, was placed in a position of authority over children. She was placed in a position of power over children. She was placed in a position of great importance, being responsible for the care and academic development and wellbeing of children. She had a respected role and title and, as such, had the trust of members of her immediate community and of the community in general. She cared for the community's children. As a paediatrician—and I'm sure the member for Higgins would agree with me—I see it as a sacred duty to care for those children and to care for them in a way that nurtures their development. It's alleged that Ms Leifer violated that trust in the most horrific and heinous way on multiple occasions.

As the motion before us indicates, this individual was the former principal of the Adass Israel girls school in Melbourne. When allegations were raised about her conduct over a number of years, she fled our nation instead of facing the allegations and charges laid out before her. This individual acted as though she did not need to answer to our legal system and to our families and has refused to return to answer for her alleged conduct. As we've already heard, her conduct could be responsible for devastating psychological effects on children over many decades and, indeed, for the rest of their lives. In my opinion, her utter contempt for the rule of law speaks volumes about any potential plea she may make.

On what has been said about the Israeli legal system, I'm horrified that over 60 hearings have taken place into this matter. I'm not a lawyer. I'm not entirely sure how the Israeli legal system works. But, to me, the fact that there have been over 60 hearings and the fact that the Israeli health minister has, in some way, accommodated Ms Leifer is very concerning. I really do believe that the Israeli legal system needs to bring Malka Leifer to justice.

Australia has rightfully requested that Ms Leifer be extradited to answer for her sins. In fact, Australia filed for extradition some six years ago, requesting that this person return to the state of Victoria to face up to no less than 74 charges of child sexual abuse. That is at least 74 heinous acts and crimes that this individual has not answered for. I commend, in particular, the bravery of Dassi Erlich, Nicole Meyer and others for trying to bring Ms Leifer to justice, but I am very concerned that it has taken so long. Australia has made a formal extradition request, and this remains unresolved. Surely Australia's support of Israel since Israeli nationhood suggests that they should support us in this. Reports have indicated that medical professionals have declared this individual is fit to stand trial, and I cannot see why she can't be brought to justice in Australia.

I share the frustrations of many Australians—not just Jewish Australians but Australians across the board—as parents, as fathers, as mothers and as grandparents, as to why this person cannot be brought to justice. The fact that an individual who is alleged to have committed such heinous acts can flout the rule of law is abhorrent and unacceptable to all of us. I am comforted by the fact that there's such a consensus across the parliament for this, in defence of the laws of our land and in the belief that this person should be, and will eventually be, held to account. I thank the House.

Julian Leeser (Berowra, Liberal Party) Share this | Link to this | Hansard source

Over the past decade in Australia, many institutions have had to face painful and dark truths about the systemic way that child sexual abuse was allowed to take place, unstopped in their midst. We've had to face, to our deep shame, our failure to listen, to believe and to provide justice. We've said sorry to the children we've failed and we've grieved the extraordinary cost of our failures.

For five years, Malka Leifer has been able to avoid the Australian justice system, despite having 74 charges of sexual abuse to answer. Malka Leifer is alleged to have repeatedly abused children while she was supposed to be protecting and teaching them in her role as principal of the Adass Israel girls school in Melbourne. Few people are trusted as much in a family's life as the people who are asked to educate our children.

In August 2014, as a result of extensive police investigations, an arrest warrant was issued for Malka Leifer, who'd fled to Israel a few years earlier when the allegations began to surface. An extradition request was placed with Israel, and Leifer was arrested by Israeli police and put under house arrest. Extradition proceedings began in Israel in 2014. However, they were suspended in 2016 because Leifer's lawyers claimed she was unfit to stand trial due to poor mental health. Since then, there've been numerous psychiatric examinations to determine whether Leifer's actually fit to face extradition proceedings. Many of these examinations have found her mentally competent and well enough to face trial.

A psychiatric panel assessed Leifer late last year to make what was meant to be the final determination of her ability to face extradition proceedings. That panel determined she'd been faking mental illness to avoid extradition. Despite these findings, her lawyers have again stalled proceedings by requesting the Jerusalem District Court grant them time to cross-examine members of the psychiatric panel. For Leifer's lawyers to be obstructing justice by using technicalities to prevent a process of justice occurring is to make a mockery of the justice that both Australia and Israel are committed to.

As a Jewish Australian, I know that Israel has provided a safe haven to many people who have no safe place and no home in which to belong. Malka Leifer is not one of these people. A fair trial must take place. Over 60 court proceedings have been heard, and no serious progress has been made to achieve her extradition. Courts should not be involved in the business of obfuscating and delaying justice but in seeing it realised. No-one seeks for Malka Leifer to be tried without having a chance to answer the allegations, but for the process of justice itself to be denied is unacceptable.

Perhaps another reason why this matter weighs so heavily and is so difficult to speak about is that the denial of justice runs completely contrary to Jewish faith. As Jonathan Sacks, former Chief Rabbi of the Commonwealth, has said, Judaism's greatest leap of faith is the belief that the world is ruled by justice. Even in the darkest days of Jewish history, the belief of the Jewish people has been that goodness is the way of life, that humans have dignity and that we must treat people accordingly. Justice must have its time. It's not simply an exercise of ticking a box or finding technical ways around laws. It's about the truth being told and judgement occurring. Malka Leifer must answer the charges against her.

I want to finish my remarks by taking a moment to also acknowledge the victims, who've not yet been able to have their day in court. I want to commend them for their bravery and tenacity. I'm sorry we haven't been able to give them what they rightly deserve at this time and that their bravery hasn't seen the outcomes they should have seen yet. I continue to hope that justice will be served for them and their families, and I call on Israel to extradite Malka Leifer immediately so that justice can be served. Then we will live out the words of Deuteronomy: 'Tzedek, tzedek, tirdoph; justice, justice, shall you pursue.'

Mark Dreyfus (Isaacs, Australian Labor Party, Shadow Attorney General) Share this | Link to this | Hansard source

The preceding speakers—I thank them all for the contributions they've made to this debate—have thoroughly set out the background facts of this matter. Rather than stand trial in Melbourne for the horrendous crimes that Malka Leifer is accused of—if she wants to claim her innocence, to have the opportunity to clear her name before a court of law—she instead fled to Israel. She fled from accountability, she fled from justice and, some 11 years later, she remains in Israel, a fugitive from justice to this day.

Australia first requested the extradition of Malka Leifer in 2014, but five years later, and despite 63 court hearings, that extradition is yet to be determined. This delay is utterly unacceptable. The ongoing anxiety and stress these delays cause to those who suffered from her crimes demonstrate the truth of the legal maximum 'justice delayed is justice denied'. It is long past time that Ms Leifer were extradited to Australia to face justice for the horrific crimes that she is accused of, and for Israel to honour its commitment to the rule of law and to justice. It is my hope that the long friendship between our two nations will encourage the Israeli authorities to do all that they can to bring this matter to a resolution.

I'd also like to take this opportunity to once again acknowledge the courage of Dassi Erlich, Nicole Meyer and Elly Sapper in their pursuit of justice in this matter.

Llew O'Brien (Wide Bay, National Party) Share this | Link to this | Hansard source

The time allotted for this debate has expired. The debate is adjourned and the resumption of the debate will be made an order of the day for the next sitting.

Federation Chamber adjourned at 19:31