Jury retires to consider their verdict in Malka Leifer sex abuse trial

A jury has retired to consider their verdict in the high-profile case of Malka Leifer, the former ultra-Orthodox school principal accused of sexually abusing three former students in Melbourne in the early to mid-2000s.

County Court judge Mark Gamble on Wednesday finished his charge summarising the evidence presented at Leifer’s trial, leaving the jurors to determine a verdict on 27 sex abuse charges.

Former principal Malka Leifer is accused of abusing three of her then-students between 2003 and 2007.

As the jury went away, Leifer watched the room carefully, looking at members of the public collected in court.

The jury retired to consider their verdict just before 2.30pm on Wednesday.

Gamble told the jury that Crown prosector Justin Lewis argued Leifer had groomed and abused the girls, and they felt incapable of disclosing their abuse because of her position in the ultra-conservative community they lived in.

“The prosecution submitted that Malka Leifer groomed and sexually abused [Nicole] Meyer, [Dassi] Erlich and [Elly] Sapper, in turn. They say she was able to do that because she was a respected member of their community and was in a position of authority that she was fully prepared to exploit,” Gamble told the jury.

“She knew that they were vulnerable, and she used that knowledge to exploit them. Knowing they were neglected at home, she pretended that she was helping. She manipulated their emotions while using them for sexual gratification and she was able to conceal what she was doing for years to that manipulation.”

Gamble said Leifer’s barrister Ian Hill, KC, argued that based on the evidence, the inconsistencies in the sisters’ testimony and statements to police, the only fair verdict to render was not guilty.

“The defence have asked you from the outset members of the jury to pay heed to the fundamental principles of a criminal trial which they say can be summed up with the statement: ‘he who accuses must prove these accusations’,” Gamble said.

“The defence submitted to you that when you look fairly at all the facts and circumstances and arguments that have been placed before you, at the very least, you would have a reasonable doubt about each of the charges, and that the only proper verdict can be one of not guilty.”

Malka Leifer’s barrister Ian Hill, KC, outside County Court.Credit:Paul Jeffers

Leifer, a mother of eight, is standing trial on allegations that between 2003 and 2007, she abused three sisters who were students at the Adass Israel School in Elsternwick. She has maintained her innocence and pleaded not guilty to all 27 charges, including rape.

Gamble earlier in the trial acquitted Leifer on two charges relating to Elly Sapper after the evidence produced a discrepancy in the timing of the counts.

The alleged victims – sisters Nicole Meyer, Dassi Erlich and Elly Sapper – have provided permission to The Age to be identified. Police allege the sisters were abused during their final years at the Adass Israel School and that the abuse continued after they were chosen by Leifer to return as junior religious teachers.

If you need support, call the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732).

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