Judge in Malka Leifer case will allow private psychiatrists for defense
In January, a panel of three state psychiatrists appointed by the court found that Leifer was feigning mental illness and was fit for trial.
By JEREMY SHARON
Judge Chana Miriam Lomp of the Jerusalem District Court has decided to allow private psychiatrists to testify in defense of alleged pedophile Malka Leifer that she is mentally unfit for trial.The decision has generated outrage among activists due to the new delays this decision will cause in the nearly six-year-long case.The Australian authorities have sought Leifer’s extradition since 2014 to stand trial on 74 counts of sexual abuse and rape against pupils in the school where she served as principal.In January, a panel of three state psychiatrists appointed by the court found that Leifer was feigning mental illness and was fit for trial.Lomp has acquiesced to Leifer’s defense attorneys’ request that they be able to cross-examine the state psychiatrists. Those hearings are scheduled for the end of this month. She also conceded to delay those hearings due to “scheduling conflicts” for Leifer’s attorneys.The court has already heard from private psychiatrists brought by Leifer’s defense team who argued that she was mentally unfit for trial.Further, the same psychiatrists, Prof. Moshe Kotler and Prof. Shmuel Tiano, who will testify, already gave testimony in this case last year.Alleged victim Dassi Erlich reacted with anger to Lomp’s decision, which could delay a case that has taken more than five years and more than 60 hearings with no resolution in sight.“We have been calm,” she said in a statement on Facebook. “We have tried to trust the Israeli court system and understand that this takes time. But when we go backwards and repeat a process that has already been endlessly delayed, we have had enough!!”“In an unprecedented move, Judge Lomp has ruled that the defense can bring two of their psychiatrists, who have already testified, to give their opinion on a panel that she requested to make a final decision!!” Erlich said. “This panel unanimously decided Leifer is faking on Sept 23, 2019! Can anybody see the sense in this??? Psychiatrists for the defense will be cross examined on March 12th.”
Leifer fled from Australia to Israel in 2008 after allegations of sexual abuse surfaced against her. She has evaded extradition since 2014 with claims of being mentally unfit.However, in 2018, Leifer was rearrested when evidence of her leading a normal life in the Samaria settlement of Emmanuel led to suspicions she was feigning mental illness to avoid extradition. Legal proceedings were then restarted.