18 feb 2020

The decision will stretch the trial further, stalling the extradition of the alleged pedophile to her native Australia; early 2018 police found evidence that Leifer had faked her mental incompetence
The Jerusalem District Court on Tuesday approved a request made by attorneys of Malka Leifer, alleged sexual abuser from Australia, allowing them to contest the psychiatric experts who determined she was fit to stand trial.
The decision means Leifer’s extradition to Australia, which appeared imminent, will stall for several months.
The psychiatrists from Leifer’s defense team, Moshe Kotler and Sam Tiano, will now be allowed to submit medical opinions that Leifer suffers from a mental illness, contradicting the conclusion of the psychiatric panel.
The two testified last year the former Melbourne principal of the ultra-Orthodox school was unfit to stand trial.
Last month, however, the psychiatric panel concluded she had lied about suffering from mental illness and is her extradition hearing will be expedited.
The Jewish Community Watch that has been accompanying Leifer’s victims through the ordeal said the court’s decision fails those who have suffered at the hands of the alleged phedophile.
Leifer faces 74 counts of sexual assault related to accusations brought forward by three sisters who say they were abused while she was a teacher and principal at the ultra-Orthodox religious school they attended in Melbourne. In 2008, as the allegations surfaced, the Israeli-born Leifer left the school in Australia and returned to Israel.
After Australia filed an extradition request, Leifer was put under house arrest in 2014 and underwent the beginnings of an extradition process. But that ended in 2016 when a mental health evaluation determined she wasn't fit to stand trial.
Leifer was again arrested in early 2018 after police found evidence that she had faked her mental incompetence. The court asked for another psychological review, whose findings were announced last week.
The repeated delays in the case have strained relations with Australia, one of Israel's closest allies. Leaders of Australia's pro-Israel Jewish community have also expressed frustration.
The Jerusalem District Court on Tuesday approved a request made by attorneys of Malka Leifer, alleged sexual abuser from Australia, allowing them to contest the psychiatric experts who determined she was fit to stand trial.
The decision means Leifer’s extradition to Australia, which appeared imminent, will stall for several months.
The psychiatrists from Leifer’s defense team, Moshe Kotler and Sam Tiano, will now be allowed to submit medical opinions that Leifer suffers from a mental illness, contradicting the conclusion of the psychiatric panel.
The two testified last year the former Melbourne principal of the ultra-Orthodox school was unfit to stand trial.
Last month, however, the psychiatric panel concluded she had lied about suffering from mental illness and is her extradition hearing will be expedited.
The Jewish Community Watch that has been accompanying Leifer’s victims through the ordeal said the court’s decision fails those who have suffered at the hands of the alleged phedophile.
Leifer faces 74 counts of sexual assault related to accusations brought forward by three sisters who say they were abused while she was a teacher and principal at the ultra-Orthodox religious school they attended in Melbourne. In 2008, as the allegations surfaced, the Israeli-born Leifer left the school in Australia and returned to Israel.
After Australia filed an extradition request, Leifer was put under house arrest in 2014 and underwent the beginnings of an extradition process. But that ended in 2016 when a mental health evaluation determined she wasn't fit to stand trial.
Leifer was again arrested in early 2018 after police found evidence that she had faked her mental incompetence. The court asked for another psychological review, whose findings were announced last week.
The repeated delays in the case have strained relations with Australia, one of Israel's closest allies. Leaders of Australia's pro-Israel Jewish community have also expressed frustration.
16 feb 2020

Lawyer for defendant says 19-year-old Solomon Tekah bore some responsibility for events leading to his death as police officer and family were in life-threatening situation; attorney for Tekah family says their suffering compounded by attempts to besmirch their slain son's reputation
A police officer went on trial Sunday in Haifa for the killing of 19-year-old Ethiopian Israeli Solomon Tekah in the suburbs of the city last June.
The unnamed officer, who is charged with negligent homicide, entered the trial at Haifa Magistrate's Court surrounded by policemen who tried to keep him away from cameras.
The off-duty cop killed Tekah in a park in Kiryat Haim while he was walking with his wife and children in June 2019. He said he had tried to intervene in a brawl between youths during which he fired at the ground. The bullet then ricocheted and hit Tekah, killing him.
As the trial opened, Judge Ziad Falah said he aimed to complete the process quickly and that he would be visiting the site of the incident before calling any witnesses and would return again after hearing the testimonies.
In an apparent message to both sides in a tense case that sparked widespread civil unrest, the judge warned that he would not be swayed by "demonstrations and violent outbursts."
Falah said he would not hesitate to find the defendant innocent or guilty of the charges if the evidence warranted it.
"An acquittal should not be taken as a reflection on the Ethiopian community in Israel, and a guilty verdict should not be seen as censure of the police," Falah said.
As the court session ended, members of the Tekah family approached the defendant shouting profanities and were removed by court security.
* OPINION: May my son Solomon Tekah be the last victim of racism
The indictment states that the police officer drew his gun, cocked it and aimed it at Tekah and the other youths.
Tekah called on his friends to back away and the officer then aimed at the pavement and fired a single shot. That bullet rebounded and hit Tekah in the left armpit.
The youths fled, including Tekah who quickly collapsed due to his gunshot wound. A local resident who was a medical professional tried to administer life-saving care and evacuated Tekah to the hospital where he was later pronounced dead.
Defense attorney Yair Nedashi claimed Tekah bore some responsibility for the incident as the police officer and his family had been in a life-threatening situation.
"Having no recourse, the officer used his personal weapon to ward off the danger," Nedishi said. "The claims that the shooting contradicted police regulations are untrue."
He said that members of the Ethiopian community have branded his client a murderer after the youth behaved in a brutal manner that contributed to the tragedy that had occurred.
Tekah family lawyer Zion Amir said their suffering was compounded by the attempts to besmirch their slain son's reputation.
"The police officer would do well to ask the family's forgiveness instead of conducting a public relations campaign," Amir said.
The killing sparked a wave of protests by Israelis from the Ethiopian community, coming just months after another member of the community, 24-year-old Yehuda Biadga, was shot dead by police in Bat Yam as he was brandishing a knife on the street. The case was closed and no criminal charges were brought.
A police officer went on trial Sunday in Haifa for the killing of 19-year-old Ethiopian Israeli Solomon Tekah in the suburbs of the city last June.
The unnamed officer, who is charged with negligent homicide, entered the trial at Haifa Magistrate's Court surrounded by policemen who tried to keep him away from cameras.
The off-duty cop killed Tekah in a park in Kiryat Haim while he was walking with his wife and children in June 2019. He said he had tried to intervene in a brawl between youths during which he fired at the ground. The bullet then ricocheted and hit Tekah, killing him.
As the trial opened, Judge Ziad Falah said he aimed to complete the process quickly and that he would be visiting the site of the incident before calling any witnesses and would return again after hearing the testimonies.
In an apparent message to both sides in a tense case that sparked widespread civil unrest, the judge warned that he would not be swayed by "demonstrations and violent outbursts."
Falah said he would not hesitate to find the defendant innocent or guilty of the charges if the evidence warranted it.
"An acquittal should not be taken as a reflection on the Ethiopian community in Israel, and a guilty verdict should not be seen as censure of the police," Falah said.
As the court session ended, members of the Tekah family approached the defendant shouting profanities and were removed by court security.
* OPINION: May my son Solomon Tekah be the last victim of racism
The indictment states that the police officer drew his gun, cocked it and aimed it at Tekah and the other youths.
Tekah called on his friends to back away and the officer then aimed at the pavement and fired a single shot. That bullet rebounded and hit Tekah in the left armpit.
The youths fled, including Tekah who quickly collapsed due to his gunshot wound. A local resident who was a medical professional tried to administer life-saving care and evacuated Tekah to the hospital where he was later pronounced dead.
Defense attorney Yair Nedashi claimed Tekah bore some responsibility for the incident as the police officer and his family had been in a life-threatening situation.
"Having no recourse, the officer used his personal weapon to ward off the danger," Nedishi said. "The claims that the shooting contradicted police regulations are untrue."
He said that members of the Ethiopian community have branded his client a murderer after the youth behaved in a brutal manner that contributed to the tragedy that had occurred.
Tekah family lawyer Zion Amir said their suffering was compounded by the attempts to besmirch their slain son's reputation.
"The police officer would do well to ask the family's forgiveness instead of conducting a public relations campaign," Amir said.
The killing sparked a wave of protests by Israelis from the Ethiopian community, coming just months after another member of the community, 24-year-old Yehuda Biadga, was shot dead by police in Bat Yam as he was brandishing a knife on the street. The case was closed and no criminal charges were brought.
10 feb 2020

The motion to be passed by lawmakers from the government and the opposition to extradite Malka Leifer who fled her native Australia in 2008 after several of her former students came forward with accusations of sexual abuse
The Australian Parliament is expected to pass a motion on Monday calling for Israel to immediately extradite a former school principal wanted on dozens of charges of child sex abuse.
The motion to be moved by lawmakers from both the government and opposition in the House of Representatives increases pressure on Israeli to end a legal wrangle over Israeli Australian dual citizen Malka Leifer that has drawn out over six years.
Leifer, now aged 52, fled Australia in 2008 as child abuse allegations surfaced from her time as a teacher and principal at an ultra-Orthodox Jewish school in Melbourne.
Australia requested her extradition in 2014 on 74 charges of child sex abuse and more than 60 Israeli court hearings have followed.
The Jerusalem District Court last month granted Leifer's attorneys request to review a psychiatrists' ruling that she is fit to stand trial for extradition.
A government lawmaker who planned to move the motion for her extradition, Dave Sharma, said the government and the Parliament "will not rest until justice is done in this case."
"We have been exceptionally patient in this case, but enough is enough," Sharma, a former Australian ambassador to Israel, said in a statement.
"To our friends in Israel we say: It is time to act. Do the right thing and support justice for victims in both our countries," Sharma added.
Josh Burns, an opposition lawmaker who also proposed the motion, said it was important "because we must maintain pressure until Leifer faces an Australian courtroom."
The motion names the three alleged victims: sisters Dassi Erlich, Nicole Meyer and Elly Sapper.
It is important that this issue remains outstanding in the minds of the Israeli legal and political establishment," Erlich said in a statement.
"We feel validated and encouraged that this frustrating process will not be ignored by Australia until the extradition is honored by Israel," she added.
Prime Minister Scott Morrison said after meeting Erlich and Meyer at Parliament House in October that he would raise with the Israeli government the need for a quick resolution to the extradition process.
In Israel last month, a psychiatric panel said it determined Leifer had lied about suffering a mental condition and said she was fit to stand trial. The Israeli Justice Ministry said in light of those findings it would move to expedite her extradition.
But a week later, court granted the request of Leifer's attorney to question the psychiatric panel's ruling.
Cross-examinations of the psychiatrists are expected to take place in February or March.
The Australian Parliament is expected to pass a motion on Monday calling for Israel to immediately extradite a former school principal wanted on dozens of charges of child sex abuse.
The motion to be moved by lawmakers from both the government and opposition in the House of Representatives increases pressure on Israeli to end a legal wrangle over Israeli Australian dual citizen Malka Leifer that has drawn out over six years.
Leifer, now aged 52, fled Australia in 2008 as child abuse allegations surfaced from her time as a teacher and principal at an ultra-Orthodox Jewish school in Melbourne.
Australia requested her extradition in 2014 on 74 charges of child sex abuse and more than 60 Israeli court hearings have followed.
The Jerusalem District Court last month granted Leifer's attorneys request to review a psychiatrists' ruling that she is fit to stand trial for extradition.
A government lawmaker who planned to move the motion for her extradition, Dave Sharma, said the government and the Parliament "will not rest until justice is done in this case."
"We have been exceptionally patient in this case, but enough is enough," Sharma, a former Australian ambassador to Israel, said in a statement.
"To our friends in Israel we say: It is time to act. Do the right thing and support justice for victims in both our countries," Sharma added.
Josh Burns, an opposition lawmaker who also proposed the motion, said it was important "because we must maintain pressure until Leifer faces an Australian courtroom."
The motion names the three alleged victims: sisters Dassi Erlich, Nicole Meyer and Elly Sapper.
It is important that this issue remains outstanding in the minds of the Israeli legal and political establishment," Erlich said in a statement.
"We feel validated and encouraged that this frustrating process will not be ignored by Australia until the extradition is honored by Israel," she added.
Prime Minister Scott Morrison said after meeting Erlich and Meyer at Parliament House in October that he would raise with the Israeli government the need for a quick resolution to the extradition process.
In Israel last month, a psychiatric panel said it determined Leifer had lied about suffering a mental condition and said she was fit to stand trial. The Israeli Justice Ministry said in light of those findings it would move to expedite her extradition.
But a week later, court granted the request of Leifer's attorney to question the psychiatric panel's ruling.
Cross-examinations of the psychiatrists are expected to take place in February or March.
9 feb 2020

Rabbi arrested in predawn raid had hundreds of victims, police say; mother of cancer patient who died after she was told not to accept treatment says she is 'waging war' against 'cult that needs to be disbanded'
Rabbi Eliezer Berland and his suspected co-conspirators are suspected of conning more than 200 victims, including disabled people who were promised they would be able to walk again and patients given "miracle cures" that were really Mentos candies.
Months of investigation led to the predawn arrests of Rabbi Eliezer Berland, his wife and five major fundraisers for his yeshiva. Berland has a previously served a 10-month sentence for sexually abusing his female acolytes.
All seven people arrested in Jerusalem on Sunday morning are suspected of receiving money through fraud, extortion and money laundering.
During the arrests, supporters of the rabbi hurled stones at the arresting officers, leaving two with minor head injuries. The rioters were dispersed with stun grenades.
According to the investigation, Berland charged a tariff for each boon he dispensed, in accordance with the severity of the supplicant's suffering.
Some people even took out loans or handed their property over to Berland in return for his blessings.
A relative of one of the people who turned to Berland complained to him that despite his blessing their relative had passed away. Berland responded by asking for more money to ensure that the departed relative "will rise first when the resurrection comes."
In some cases, the people who turned to Berland had incurable diseases. According to the police, predawn raid revealed dozens of boxes of drops and pills, which are believed to have been distributed as miracle cures.
Tests conducted by the police showed that some of the drops were in fact antibiotics; the police called the drugs given to Berland's supplicants "false god drugs." To date, testimonies have been gathered from 200 people believed to have been conned by Berland and his associates.
The arrests were welcomed by Nurit Ben Moshe, whose daughter Shoshi died of cancer after Berland banned her from receiving chemotherapy and promised her longevity in return for tens of thousands of shekels.
The arrest of the rabbi was a "bittersweet" moment, Ben Moshe told Ynet.
"I hope everyone pays the price for what they did," she said. "What goes on in that cult is just horrendous."
Last year, Israeli TV revealed that the rabbi received thousands of shekels from Shoshi, and in return told her not to have the chemotherapy she needed after a tumor in her gallbladder was removed in January 2019. Berland was documented taking the money and promising her a long life in return.
Shoshi underwent a successful operation, but Berland ordered her to refrain from receiving the supplementary treatments. Her mother was torn between the desire to please her daughter and pay the money demanded by the rabbi, and the knowledge that it was extortion that threatened her daughter's life. Finally, she raised the funds demanded by the rabbi.
Ben Moshe said: "This cult needs to be disbanded, it is cruel. Berland asked my son-in-law [one of his followers – NF] to stop me from seeing my grandchildren. That's all I have left of my darling girl and they know how I connected I am to the children. These kids are my life and they wanted to get revenge on me because I sued their rabbi, Berland. His gurus simply decided that I could only see my grandchildren for an hour each month. Now I'm waging war."
She added: "Our story opened Pandora's box for the cult, which led to the arrests. Our story is difficult and we have still not heard the end of it. There are other shocking stories that I will soon be coming out with, so people can hear what a cult [the yeshiva] is. There are many more victims, my daughter is not the only one."
According to the police, "Berland's organization was managed in a very sophisticated way that makes it difficult to find the evidence."
Over the past two years, the Jerusalem District Police has investigated dozens of cases of alleged violence by Berland's followers, who are battling the Braslav Hasidic movement for more status and power.
Dozens of cases and dozens of suspects were investigated for felony, fraud, and violence.
Chief Superintendent Doron Ben-Amo said: "Dozens of investigators from the Jerusalem District, the Tax Authority and the National Insurance Institute participated in the investigation. The investigative team worked covertly and managed to acquire documents and evidence on a very large scale. This morning we entered the visible stage and arrested seven suspects. During the searches, cash was also seized, and we now begin the open phase of the investigation. "
Regarding the rabbi himself, Ben-Amo said: "According to suspicions, the central suspect used multiple methods, and his associates dispensed blessings for recovery and promises of health, finding a partner and more. There was a fee defined by the severity of an illness, and there were those who handed over property worth hundreds of thousands of shekels.
They targeted hundreds of innocent people who were brutally and cynically exploited in a time of distress. We have more than 200 victims and expect there will be more. They lured in patients with false promises, pledged to free people from detention centers and vowed that the disabled would be able to walk again."
Rabbi Eliezer Berland and his suspected co-conspirators are suspected of conning more than 200 victims, including disabled people who were promised they would be able to walk again and patients given "miracle cures" that were really Mentos candies.
Months of investigation led to the predawn arrests of Rabbi Eliezer Berland, his wife and five major fundraisers for his yeshiva. Berland has a previously served a 10-month sentence for sexually abusing his female acolytes.
All seven people arrested in Jerusalem on Sunday morning are suspected of receiving money through fraud, extortion and money laundering.
During the arrests, supporters of the rabbi hurled stones at the arresting officers, leaving two with minor head injuries. The rioters were dispersed with stun grenades.
According to the investigation, Berland charged a tariff for each boon he dispensed, in accordance with the severity of the supplicant's suffering.
Some people even took out loans or handed their property over to Berland in return for his blessings.
A relative of one of the people who turned to Berland complained to him that despite his blessing their relative had passed away. Berland responded by asking for more money to ensure that the departed relative "will rise first when the resurrection comes."
In some cases, the people who turned to Berland had incurable diseases. According to the police, predawn raid revealed dozens of boxes of drops and pills, which are believed to have been distributed as miracle cures.
Tests conducted by the police showed that some of the drops were in fact antibiotics; the police called the drugs given to Berland's supplicants "false god drugs." To date, testimonies have been gathered from 200 people believed to have been conned by Berland and his associates.
The arrests were welcomed by Nurit Ben Moshe, whose daughter Shoshi died of cancer after Berland banned her from receiving chemotherapy and promised her longevity in return for tens of thousands of shekels.
The arrest of the rabbi was a "bittersweet" moment, Ben Moshe told Ynet.
"I hope everyone pays the price for what they did," she said. "What goes on in that cult is just horrendous."
Last year, Israeli TV revealed that the rabbi received thousands of shekels from Shoshi, and in return told her not to have the chemotherapy she needed after a tumor in her gallbladder was removed in January 2019. Berland was documented taking the money and promising her a long life in return.
Shoshi underwent a successful operation, but Berland ordered her to refrain from receiving the supplementary treatments. Her mother was torn between the desire to please her daughter and pay the money demanded by the rabbi, and the knowledge that it was extortion that threatened her daughter's life. Finally, she raised the funds demanded by the rabbi.
Ben Moshe said: "This cult needs to be disbanded, it is cruel. Berland asked my son-in-law [one of his followers – NF] to stop me from seeing my grandchildren. That's all I have left of my darling girl and they know how I connected I am to the children. These kids are my life and they wanted to get revenge on me because I sued their rabbi, Berland. His gurus simply decided that I could only see my grandchildren for an hour each month. Now I'm waging war."
She added: "Our story opened Pandora's box for the cult, which led to the arrests. Our story is difficult and we have still not heard the end of it. There are other shocking stories that I will soon be coming out with, so people can hear what a cult [the yeshiva] is. There are many more victims, my daughter is not the only one."
According to the police, "Berland's organization was managed in a very sophisticated way that makes it difficult to find the evidence."
Over the past two years, the Jerusalem District Police has investigated dozens of cases of alleged violence by Berland's followers, who are battling the Braslav Hasidic movement for more status and power.
Dozens of cases and dozens of suspects were investigated for felony, fraud, and violence.
Chief Superintendent Doron Ben-Amo said: "Dozens of investigators from the Jerusalem District, the Tax Authority and the National Insurance Institute participated in the investigation. The investigative team worked covertly and managed to acquire documents and evidence on a very large scale. This morning we entered the visible stage and arrested seven suspects. During the searches, cash was also seized, and we now begin the open phase of the investigation. "
Regarding the rabbi himself, Ben-Amo said: "According to suspicions, the central suspect used multiple methods, and his associates dispensed blessings for recovery and promises of health, finding a partner and more. There was a fee defined by the severity of an illness, and there were those who handed over property worth hundreds of thousands of shekels.
They targeted hundreds of innocent people who were brutally and cynically exploited in a time of distress. We have more than 200 victims and expect there will be more. They lured in patients with false promises, pledged to free people from detention centers and vowed that the disabled would be able to walk again."