Jewish leader felt no need to tell police alleged abuser might leave Australia
The Guardian
Melissa Davey
5 February 2015
Rabbi Pinchus Feldman did not alert police when the alleged abuser said he might leave the country (photo: Mick Tsikas/AAP)
Rabbi Pinchus Feldman tells royal commission he did not believe it was his role to tell police after alleged child abuser said he may leave country
The head of an Orthodox Jewish college in Sydney said he had no obligation to tell police that an alleged child abuser and staff member was planning to leave the country.
Rabbi Pinchus Feldman said that in 2002 the alleged abuser, identified only as AVL, was told by leaders of the Yeshiva college in Bondi that a complaint had been made against him and that authorities would be notified.
Just a few hours later, AVL told Feldman he might leave the country, to which Feldman responded: “We are not holding you back”, the royal commission into institutional responses to child sexual abuse heard.
AVL, a rabbinical student and teaching assistant at the college, left Sydney less than 48 hours later and now lives in the US. He has never been charged, the commission hearing at Melbourne county court heard.
“He held his own ticket and made his own decision as to what he wanted to do,” said Feldman, who is also the head emissary for New South Wales.
Counsel assisting Maria Gerace challenged Feldman’s judgment. “You understand, don’t you rabbi, that if he left the country he could neither be interviewed, nor charged, if the child wished to go to the police, don’t you?”
Feldman responded: “If the charges are found to be correct, he can be extradited.”
“I did not believe, and do not believe, that within the framework of my role it is to be able to have to call police to say this student may leave. I did not know there was such a protocol or responsibility to do so.”
Gerace said it could be argued Feldman had a moral obligation to report AVL’s intentions to leave, since he was aware of the child abuse allegations and that police were being notified.
“What about morally, because the allegation did involve sexual abuse of a child,” Gerace said.
“It causes you no moral concern that you didn’t act to notify anyone that a potential perpetrator was about to leave the county because, if it had been proved, he could be extradited at some other time?”
Feldman responded: “The point you are making has validity.”
Feldman also said AVL had proclaimed his “total innocence” to him, to which Gerace replied: “Quite often those accused of crimes do.”
Feldman was then questioned about an abusive email his wife, Rebbetzin Pnina Feldman, sent to child abuse victim Manny Waks after he came forward to police.
Waks told the commission on Monday that the email said: “Get over it. I haven’t met a person yet with one nice word to say about you. Most people consider you a low life.”
The lawyer representing Waks, Melinda Richards, asked Feldman whether he condemned the email his wife, an executive of the Sydney Yeshivah centre, had sent.
“I have no reason to make that statement, and I certainly do not want to be in a position where I would be saying something about comments somebody else had made, even if that somebody else would happen to be my wife,” Feldman said.
Earlier in the week, victims spoke of a culture of cover-up among religious leaders within the Orthodox Jewish Yeshivah centres in Melbourne and Sydney, which ran schools, prayer services and youth camps and activities.
They spoke of being ostracised and bullied by the community after going to police, and of being accused of breaching Jewish law and threatened with excommunication.
The hearing continues.
Originally published at The Guardian.
The head of an Orthodox Jewish college in Sydney said he had no obligation to tell police that an alleged child abuser and staff member was planning to leave the country.
Rabbi Pinchus Feldman said that in 2002 the alleged abuser, identified only as AVL, was told by leaders of the Yeshiva college in Bondi that a complaint had been made against him and that authorities would be notified.
Just a few hours later, AVL told Feldman he might leave the country, to which Feldman responded: “We are not holding you back”, the royal commission into institutional responses to child sexual abuse heard.
AVL, a rabbinical student and teaching assistant at the college, left Sydney less than 48 hours later and now lives in the US. He has never been charged, the commission hearing at Melbourne county court heard.
“He held his own ticket and made his own decision as to what he wanted to do,” said Feldman, who is also the head emissary for New South Wales.
Counsel assisting Maria Gerace challenged Feldman’s judgment. “You understand, don’t you rabbi, that if he left the country he could neither be interviewed, nor charged, if the child wished to go to the police, don’t you?”
Feldman responded: “If the charges are found to be correct, he can be extradited.”
“I did not believe, and do not believe, that within the framework of my role it is to be able to have to call police to say this student may leave. I did not know there was such a protocol or responsibility to do so.”
Gerace said it could be argued Feldman had a moral obligation to report AVL’s intentions to leave, since he was aware of the child abuse allegations and that police were being notified.
“What about morally, because the allegation did involve sexual abuse of a child,” Gerace said.
“It causes you no moral concern that you didn’t act to notify anyone that a potential perpetrator was about to leave the county because, if it had been proved, he could be extradited at some other time?”
Feldman responded: “The point you are making has validity.”
Feldman also said AVL had proclaimed his “total innocence” to him, to which Gerace replied: “Quite often those accused of crimes do.”
Feldman was then questioned about an abusive email his wife, Rebbetzin Pnina Feldman, sent to child abuse victim Manny Waks after he came forward to police.
Waks told the commission on Monday that the email said: “Get over it. I haven’t met a person yet with one nice word to say about you. Most people consider you a low life.”
The lawyer representing Waks, Melinda Richards, asked Feldman whether he condemned the email his wife, an executive of the Sydney Yeshivah centre, had sent.
“I have no reason to make that statement, and I certainly do not want to be in a position where I would be saying something about comments somebody else had made, even if that somebody else would happen to be my wife,” Feldman said.
Earlier in the week, victims spoke of a culture of cover-up among religious leaders within the Orthodox Jewish Yeshivah centres in Melbourne and Sydney, which ran schools, prayer services and youth camps and activities.
They spoke of being ostracised and bullied by the community after going to police, and of being accused of breaching Jewish law and threatened with excommunication.
The hearing continues.
Originally published at The Guardian.