Published: 17 September 2021
Last updated: 4 March 2024
MICHAEL VISONTAY: Media and public excluded from most of the first three days with evidence from the complainants given in closed court
FOR THOSE OBSERVERS hoping to learn more about the Malka Leifer case, this week’s committal hearing has not provided many details, as much of it has been held in a closed court.
Since the hearing began on Monday, the court was closed to the media and public for Tuesday and Wednesday while two of the three complainants in the case gave evidence. The court will be closed again today while the second complainant continues her evidence, to be followed by the third.
The former headmistress of Adass Israel School in Elsternwick faces 74 charges of sexual abuse of three former students from 2004-08. The committal hearing in the Melbourne Magistrates Court is being held to assess whether there is sufficient evidence for the case to move to trial.
Leifer, who has maintained her innocence during the protracted legal battle, has attended the hearing by videolink from prison. She was excused from attending court yesterday in order to observe the Jewish Holiday of Yom Kippur.
Yesterday, in the only day so far open to the public and media apart from the first day, a former cleaner at the Adass school where Leifer was principal was cross-examined by defence counsel Ian Hill. Mario Toledo, who worked at the school for 16 years until retiring in 2017, gave evidence through a Spanish interpreter.
Mr Hill asked Mr Toledo about his work schedule and arrangements at the school, and whether he was aware that Ms Leifer ever met with female students in her office. He told the court he had noticed that she did meet with girls in her office but did not hear what was discussed.
Mr Toledo had earlier tendered a written statement to the court and the media requested access to his statement in the interests of providing context to his answers in court. Both the prosecution and defence opposed granting access and Magistrate Joanna Metcalf agreed, saying it contained evidence that was irrelevant and inadmissible, and that if made public it could prejudice a fair trial.
Mr Toledo was the only witness to appear yesterday; two others who had been scheduled to give evidence, Dr Vicki Gordon and Chana Rabinowitz, will now give evidence this afternoon after the third complainant has finished.
Dr Gordon was a psychologist working at Adass at the time of the alleged assaults, Chana Rabinowitz was a counsellor at the school; she will give evidence via videolink from Israel.
The court also heard there was a possibility that the designated support person for the third complainant might also become a witness in the case. Magistrate Metcalf said she would question the support person today, before the third complainant starts to give evidence, to ascertain whether to make any change to the support arrangement.
Illustration: Avi Katz
