Sex-case Headmistress Malka Leifer to Face Psychiatric Tests

By Jamie Walker
The Australian
February 23, 2016

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Fugitive Jewish school principal Malka Leifer will be called to account for apparent discrepancies in her psychiatric record used to justify controversial absences from extradition proceedings in Israel.

The psychiatric re-evaluation ordered by the Jerusalem District Court on Sunday shapes as make or break — both for state prosecutors, who are trying to get Ms Leifer on a plane back to Australia to face child sex abuse charges, and for her defence fighting hard to keep her in Israel.

The former headmistress of Melbourne’s Adass Israel School, a strictly religious Jewish college for ultra-orthodox children, failed to attend the hearing on Sunday, citing stress-induced psychosis that allegedly incapacitates her before court dates.

The pattern has been entrenched since Ms Leifer was arrested 18 months ago by Israeli police on an extradition request from Australia on 74 counts of child sexual abuse alleged to have been committed while she was at Adass between 2000 and 2008.

In Melbourne, families of her alleged victims have accused Ms Leifer of exploiting loopholes in Israeli law to avoid being extradited. Her Israeli lawyers have produced medical reports from a battery of psychiatrists to show her panic attacks and psychosis are genuine, induced by the stress of having to face court.

They are pressing for the proceedings to be stayed or abandoned.

However, judge Amnon Cohen’s latest ruling has tasked a senior state psychiatrist to focus on two aspects of her behaviour when she was checked in to hospital on January 3, two days before she was to report for her second-to-last court appearance.

Her letter of referral to the hospital had recommended she go in on December 30, and the judge said it was unclear why the admission was delayed. She checked herself out soon after the court date passed.

Judge Cohen asked for the admission delay to be explained.

He also noted a “discrepancy” between Ms Leifer’s behaviour on the ward in groups and in phone conversations with her family, compared to how she responded during formal sessions with psychiatric staff.

The judge noted a prosecution submission, made on Sunday, that Ms Leifer had “no interest” in recuperating when the status quo stopped her being extradited.

In his written decision, Judge Cohen said Ms Leifer’s lawyers had opposed the prosecution’s application for the re-evaluation, saying the medical material was copious and should be relied upon.

The judge said he had full confidence in the District Psychiatrist, a state doctor who had evaluated Ms Leifer and who would carry out the court-ordered review. If necessary, Ms Leifer would be committed to state care for this.

But he said he made the order “not without reservation”, and the examination should take place as soon as possible so a report could be presented on March 20.

“I think it’s a minor victory,” said Manny Wax, a 39-year-old survivor of sexual abuse at another Melbourne Jewish orthodox school who was in the court on Sunday.

“The judge could have decided to have dismissed the case … the tension builds as the final decision is in the hands of the psychiatrist’s report.”

Ms Leifer remains in home detention in the orthodox enclave of Bnei Brak in central Israel.