Malka Leifer verdict: Split verdicts in Israeli school principal sex abuse trial

The ultra-orthodox school where two sisters were sexually abused for years by their principal has issued an apology after Malka Leifer was found guilty of 18 charges by a jury. Leifer, 56, stood trial on 27 charges after Nicole Meyer, Dassi Erlich and Elly Sapper accused her of abusing them during their time at Adass

The ultra-orthodox school where two sisters were sexually abused for years by their principal has issued an apology after Malka Leifer was found guilty of 18 charges by a jury.

Leifer, 56, stood trial on 27 charges after Nicole Meyer, Dassi Erlich and Elly Sapper accused her of abusing them during their time at Adass Israel School between 2003 and 2007.

On Monday, following nine days of deliberation, County Court jurors found her guilty of 18 charges, including five counts of rape and three counts of sexual penetration of a person aged 16 or 17.

She was found not guilty on all charges relating to Ms Meyer, and guilty to all charges relating to Ms Sapper, with a mix of verdicts on the charges relating to Ms Elrich.

Shortly after the verdict was handed down, Adass Israel School principal Aaron Strasser issued a statement on behalf of the school.

“On behalf of Adass Israel School, we apologise to the survivors abused by Mrs Malka Leifer while they were students here,” he said.

“We are sorry for the distress they have suffered and the impact of that abuse on their lives and families.

“We commend the survivors’ bravery in coming forward.

“The safety and wellbeing of students are our highest priorities.”

Adass Israel School complies fully with all child safety standards and regulations, and we have zero tolerance for abuse of any kind.”

Ms Leifer, an Israeli teacher brought over to head religious studies at the Adass Israel School in 2001, had always maintained she was innocent.

She was charged with 10 counts of rape, 10 counts of indecent assault, three counts of an indecent act with a child aged 16 or 17, three counts of sexual penetration of a 16 or 17-year-old child and one count of rape by compelled sexual penetration.

Of those, she was found not guilty of four counts of indecent assault and five counts of rape. The jury found her guilty of all other charges.

Police had alleged the offences were committed while Liefer was principal at the school in Melbourne’s southeast.

Over the seven-week trial, the jury heard testimony from more than a dozen witnesses, including the three sisters, staff at Adass Israel, police investigators, psychologists and psychiatrists.

The bulk of the testimony came from the three sisters, who for two weeks gave their evidence in chief and were cross-examined in a closed court.

After more than 31 hours of deliberations spanning nine days, the jury re-entered the courtroom to a thick silence shortly after 3.45pm on Monday.

Ms Leifer, who has appeared calm and composed throughout the duration of the trial, rose to her feet as the jury entered.

The three sisters sat with pained expressions in the back of the public gallery, holding each other’s hands and those there to support them.

The foreperson, a man with curly brown hair, glasses and wearing a dark-coloured graphic jumper, stood to tell Judge Gamble the jury of six men and six women had reached unanimous verdicts.

“Yes, your honour,” he said.

He was taken through the 27 counts by Judge Gamble’s associate, responding guilty or not guilty to each charge.

Ms Leifer had originally been committed to stand trial on 29 charges, however she was acquitted of two after the court heard evidence suggesting the alleged offending occurred before the legislation used against Ms Leifer was enacted.

Judge Mark Gamble said the jury would not be able to find beyond reasonable doubt that the alleged offences occurred on or after that date, and thus directed verdicts of not guilty be entered.

Leifer showed little reaction throughout the process, staring intently at the associate reading the counts.

Afterwards, the sisters held hands as they issued emotional statements to media outside the court following the verdict.

Ms Sapper said she and her siblings were ready to move on from their ordeal.

“This is a day we have been waiting for,” she said. “(Leifer’s) abuse has held us hostage for so long and… now we can say Malka Leifer is a sexual abuser.

“Today we can start to take the power back that she stole from us as children

“The process is re-traumatising and awful, but when you know your truth ... the truth will prevail and it did.

“We have sat in this court for going on nine weeks now, every day listening to our truth and having people try to tear that appear and tear us apart.”

Ms Erlich said Monday marked “the beginning of our future”.

“The abuse has impacted us for so many years, and it’s time to start our lives,” she said.

From the outset of the trial, crown prosecutor Justin Lewis had told the jury the case relied “heavily” on testimony from the three sisters.

“It’s common in these sorts of cases where abuse tends to take place behind closed doors and away from prying eyes,” he said.

But Ms Leifer’s barrister, Ian Hill KC, told the jury the sisters’ “credibility and reliability” would be a critical issue for them to decide.

“She had a proper and professional interaction with them as students,” he said.

In his closing remarks he questioned how the allegations against Ms Leifer had “evolved over time”, saying the jury would have to judge whether these were “delusions” brought on by their abusive home lives.

“You might turn you mind and ask why,” he said,

“Its obvious, we say, over time the affection they had for Ms Leifer has turned to an animus.

“(It) grew like wildfire into a story that was constantly added to and varied over the years.”

Throughout the trial, Leifer sat clutching a white and gold prayer book and was supported by family members including a sister who had flown to Melbourne to be by her side.

The jury heard the three complainants had grown up living “sheltered” lives within the ultra-orthodox Jewish community, with no access to television, the internet or sex education.

They suffered, the court heard, physical and verbal abuse growing up from their mother, looking up to Ms Leifer as a substitute “mother-figure”.

The prosecution had alleged Ms Leifer took advantage of their vulnerability, orchestrating “private education” sessions where she sexually abused them.

“These sisters had a miserable home life and, as far as the accused was concerned, they were ripe for the picking,” Mr Lewis said in his closing remarks.

“They were receiving affection from one of the most revered persons they knew. How could they not feel special?”

It was alleged she abused the sisters at locations including the offices at the school, her Elsternwick home and on school camps.

The sisters, separated in age by four years, alleged the abuse began in Year 11 and continued after they graduated and returned to the school as junior religious teachers.

Allegations were first levied at Ms Leifer in 2008, when Dassi Erlich began seeing a counsellor in mid-2007.

Social worker Chana Rabinowitz told the jury she contacted the school board after a “particularly emotional” session in early 2008.

“I finally had a deeper sense of what might have been going on for her,” she said.

“I remember vividly asking her who hurt her … she whispered to me it was Ms Leifer.”

Ms Leifer was stood down by the board in March that year, later telling friend and co-worker, Esther Speigleman, she felt it was unfair.

“I did nothing wrong,” Ms Leifer said.

Caulfield MP David Southwick, whose electorate covers the Adass Israel School , said after the verdict on Monday: “Today justice has been done”.

”To Dassi, Elly and Nicole, your unrelenting courage, strength and pursuit of truth has been an inspiration,” he said.

”It has been a privilege to stand by your side.

”This was only possible because of tireless bipartisan support and the work of our community, who spent years lobbying for the perpetrator’s extradition.

“Today is a victory for all survivors of sexual abuse who come forward and speak out.”

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