Johannesburg - An urgent application was launched at the Joburg High Court on Thursday in a bid for sex-pest rabbi, Eliezer Berland be released from prison.
On June 3 Minister of Justice, Michael Masutha signed an extradition order for Berland to return to Israel. But soon after, an appeal to review this decision was made by the Israeli fugitive who doesn’t want to return to his homeland.
The application was launched so that Berland can be released from prison on bail-like terms while awaiting the review of his fugitive status, has called his detention in Joburg’s “Sun City” prison “unlawful”.
Katz argued to Judge Fayeeza Kathree-Setiloane that proceedings at Berland’s hearing in April were irregular.
In April Berland was denied bail by Magistrate Pravina Raghunandan and according to Katz, on this basis was committed to prison which is not the correct procedure for an extradition case.
“Once he was found to be liable for extradition and that there is enough evidence against him to be prosecuted in Israel, the committal order (to prison) should have been made based on those two rulings.
“Following this a bail application should have taken place but instead the committal was only made only based on bail evidence and no other basis,” he said.
He questioned respectfully questioned Raghunandan’s decision but added that he couldn’t deny the court’s concern that Berland may be a flight risk based on his track record.
“We have to craft a remedy to deal with this, there’s no such thing as a fool-proof plan but at the end of the day this man has had his liberty taken from him unlawfully,” Katz said.
Prosecutor Advocate Deon Barnard dismissed Katz’s claims citing that Berland’s detention was decided upon lawfully.
“Up until the committal order is made the magistrate can entertain a bail application.
“Had no bail application been made we’d be here under a different issue: that a bail application was not made,” he argued.
Berland’s previous lawyer was also criticised for not understanding the whole extradition process.
Barnard also went through the history of April’s court proceedings in a bid to prove that procedures was adhered according to the law.
Judge Kathree-Setiloane asked Barnard that if Berland was to be released on bail-like terms what would the state want to put in place.
“If a decision is made to release him, it won’t be so that he’s free to leave.”
Barnard responded that he would need time to put forward an order that is doable and also to consult with the prison on the matter.
Berland, who is the leader of Shuvu Bonim Hassidic sect in Jerusalem, fled Israel in February 2013 after allegations of sexual assault were made by some of his women followers in Israel.
He has sought refuge in several countries including Zimbabwe, Morocco, Switzerland and most recently Holland where he managed to escape after being arrested and released on 50 000 Euros bail pending his extradition back to Israel.
This is the second time he has taken shelter in South Africa following several months spent in the country in 2014 prior to his stay in Holland. During that time he managed to evade the Hawks twice. The fugitive Rabbi was arrested by The Hawks at the Morningside Clinic on April 7 following several escapes from capture.