ANALYSIS: Three things that could derail Malka Leifer's extradition
, crimes committed within a country's territory are subject to prosecution there. This is so whether the person accused of the crime is a national of the prosecuting country or not.Israel agree to transfer Leifer to Australia for prosecution. A court in Victoria can only exercise criminal jurisdiction over Leifer's case once she is physically present to stand trial.1. Potential appealLeifer is likely to lodge a request to appeal.
the Supreme Court refuses leave to appeal, ending the Israeli legal process and clearing the path for extraditionthe Supreme Court gives leave to appeal before rejecting the District Court's finding. In the last case, Australia's request for extradition would be denied, with no obvious avenue for reversal of that outcome. No written ruling has been issued by the District Court, so it is not possible to read the judge's reasoning for this week's decision. However, it is fair to say the Supreme Court would need a very strong reason to reverse the lower court's substantive decision.The second potential obstacle is a political one.
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