The six-week trial of a former ultra-orthodox principal accused of sexually abusing three sisters has hit a roadblock in its final minutes.
Acting chief judge Meryl Sexton took to the bench shortly after 3pm on Tuesday to inform the jury the presiding judge, Mark Gamble, has tested positive to Covid-19.
“I am obviously not judge Gamble,” she said.
“The reason why I’m here on the bench is His Honour has tested positive to Covid … obviously he is not able to continue at the moment with the trial.”
Jurors were told to return on Monday where, assuming Judge Gamble is feeling well, the trial can resume.
Judge Gamble had been expected to begin giving the jury directions on Tuesday afternoon, and had previously speculated he would call on them to retire to reach a verdict on Wednesday.
The last minute interruption came shortly after Ms Leifer’s barrister, Ian Hill KC, gave his closing remarks to the jury, urging them to find his client not guilty.
He criticised the memories and the accounts given by the three sisters during the trial and in statements to police, saying they were “uncooperative” with the trial process.
Nicole Meyer, Dassi Erlich and Elly Sapper have accused the former principal of the Adass Israel School, in Melbourne‘s southeast, of sexually assaulting them between 2003 and 2007.
Ms Leifer, a mother of eight, has pleaded not guilty to 27 charges, including rape, indecent assault and sexual penetration of a child aged 16 or 17.
The prosecution alleges Malka Leifer had a ‘tendency’ to have a sexual interest in girls when they were teenage students at the school. Picture: NCA NewsWire / Paul Tyquin
Mr Hill said the testimony of Ms Erlich’s ex-husband, Joshua Erlich, was “critical” to understanding how the allegations emerged.
He had given testimony earlier in the trial, saying that after their marriage in 2006 he only heard his wife speak in glowing terms about the former principal.
“She would speak very positively about her and the times she spent with her,” he said.
He said he woke one night in early 2008 and overheard Ms Erlich on the phone with Nicole Meyer following a counselling appointment with Chana Rabinowitz.
“She was saying she’s spoken to Rabinowitz; she had to disclose something about Ms Leifer,” he said.
“She didn’t understand why Rabinowitz was making a big deal about it – was blowing it up out of proportion.”
Mr Erlich told the jury he questioned her the following morning, with his then-wife saying she had spoken about Ms Leifer being “affectionate” and was confused about why Ms Rabinowitz was alarmed.
Mr Hill said this was a critical moment in explaining how the allegations grew like wildfire and were “hardened into false memories and false realities”.
“What Hadassa (Ms Erlich) described to him, it was not sexual,” he said.
“She told him, effectively, of the quite innocent behaviour of Malka Leifer towards her.
“Why we say that Joshua Erlich is important as a critical witness is because his evidence explains, in part, how the unfortunate narrative commenced – perhaps from innocent beginnings and remarks taken out of context.”
The alleged offending is said to have occurred while Ms Leifer was principal at the Adass Israel School in Elsternwick. Picture: Ian Currie
Malka Leifer has been seen clutching a white and gold prayer book throughout the six-week trial. Picture: Supplied
Mr Hill asked the jury to question why Mr Erlich had heard the sisters discussing plans to harass Ms Leifer in March 2011, just months before they initially complained to police.
“Joshua Erlich said Hadassa, his then wife, and Nechama (Ms Meyer) were joking around like it was a fun thing to do to harass Malka Leifer and laughing about it,” he said.
“In our respectful submission, when you look fairly at all the facts and circumstances that have been put before you, at the very least you will have reasonable doubt about each of the counts; the only proper verdict is not guilty.”
On Thursday, prosecutor Justin Lewis finished delivering his closing remarks, telling the jury they had “more than enough evidence” to find the former ultra-Orthodox school principal had groomed, manipulated and exploited the three school girls.
“These sisters had a miserable home life and, as far as the accused was concerned, they were ripe for the picking,” he said.
“Knowing that they were neglected at home, she pretended that she loved them and told them that she was helping them.
“She manipulated their emotions while abusing them for her own sexual gratification.”
The trial is expected to return on Monday.