Published: 28 May 2020
Last updated: 4 March 2024
IN THE WAKE OF TUESDAY'S court ruling that Malka Leifer is fit to stand trial for extradition to Australia, The Jewish Independent spoke to prominent Israeli lawyer Dov Gilad Cohen about how her appeal against the ruling, scheduled for July, might unfold.
“The most important thing is to understand that the extradition process does not focus on the defendant’s guilt or innocence,” said Gilad Cohen, a partner at Bartal Cohen Advocates, an Israeli law firm.
“The basic threshold for extradition is merely a ‘grip to the charges’, given there is ‘dual criminality’, meaning that the defendant’s act is considered a felony both in the requesting country and Israel.
“The whole rational of the extradition process is based on the assumption that the requesting country will indeed ensure the defendant’s right for due process will be strictly carried out, given the requesting country is a sovereign and competent entity.”
Gilad Cohen said Leifer’s case was unusual in the area of extradition law, since she argued for inability to stand to trial on a mental basis. “She argued that a defendant in her ongoing condition would not be indicted in Israel, therefore – she should not be extradited to any country to face charges.”
As for what might happen in July, he said extradition appeals are heard by the Supreme Court in Jerusalem. “They are usually scheduled pretty fast, since another rationale of the extradition processes is to maintain Israel’s good foreign affair relations.
“Leifer’s lawyers would probably argue that the expert panel reached an erroneous decision, that it did not consider all the relevant evidence and indications to her being mentally ill (therefore unfit to stand to trial, nor extradited).
He said that her defence would need to present new evidence to have any chance of overturning the decision. “Unless they come up a new piece of evidence that will dramatically change or contradict the expert panel opinion, the chances to reverse the ruling are very slim.
“Further, the Supreme Court would probably rule that Leifer’s mental argument may (and probably will) be re-reviewed in Australia, but in terms of the extradition process – the barrier has been lifted, and she may be extradited.”
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Australia's Jewish community, whose Zionist convictions were shaken by Malka Leifer's decade on the run, welcome Israeli court ruling with cautious relief
EDITORIAL: Lessons must be learned from the Malka Leifer case (Jerusalem Post)
Rivlin assures Australian premier alleged sex abuser Leifer won’t escape justice (Times of Israel)
Scott Morrison tells Israeli president that Malka Leifer being found fit for extradition has brought Australians relief; issue had been major sticking point in visit this year
