High Court rejects appeal by ultra-Orthodox father of eight over extradition to Israel
Efraim Grinfeld, who was living in Clapton, east London, at time of his arrest, is wanted in Israel over charges linked to 2008 riot outside electronics store in Jerusalem
Lee Harpin is the Jewish News's political editor
The UK High Court has rejected an appeal by an ultra-Orthodox man against his extradition to Israel over his involvement in a mass riot outside an electronics shop in Jerusalem.
Efraim Fishel Grinfeld, 40, who was living in Clapton, east London with his wife and their eight children when he was arrested on an international warrant, had fled Israel and moved initially to Canada, only days before the verdict in his trial at Jerusalem District Court was due to be handed down.
Grinfeld and his wife Sara,38, remained in Canada, with five children at the time, before moving to London in 2016, and joining the Charedi community of Hackney, where he worked as an office assistant in a property business, despite only speaking Yiddish, according to court papers.
Following his arrest, Grinfeld appeared at Westminster Magistrates Court, with the judge sending request for his extradition from the government of Israel to the home secretary for approval.
It was alleged that on unknown dates between June 2008 and August 2008 in the Guela area of central Jerusalem, he and 15-20 people “used or threatened unlawful violence for a common purpose” and their “conduct taken together, would cause a person of reasonable firmness present at the scene to fear for their personal safety.”
The riot was sparked by anger at the sale of DVDS and other material from the store, located in the ultra-religious area.
It emerged that Grinfeld, whose Polish passport was confiscated, was wanted by Israel for six offences; rioting, grievous harm under aggravating circumstances, common assault, assault under aggravating circumstances that causes actual bodily harm and blackmail by use of force and blackmail by use of threats.
Court documents alleged that during these riots Grinfeld and the others would “obstruct the entrance to the store, shove customers and threaten them in an attempt to prevent them from shopping, curse and shove the employees and storeowners, vandalize store property and merchandise and throw dirty diapers in the store’s entrance.”
It was also alleged:” On several occasions Grinfeld cut off the electricity in the store so that he could vandalize under the cover of darkness and he shoved, punched and kicked employees who tried to prevent his actions.
“On one occasion in early August 2008 during the course of one of the abovementioned riots Grinfeld together with others threw a rock hitting the employee Yehoshua Chatuna in the back. Grinfield and the others then fled the scene.”
Grinfeld gave evidence to the effect that, whilst he had been present on occasions at the store, he had taken no part in any violence, and he had been the victim of violence.
He had sat and read from the book of psalms.
In his appeal against extradition, lawyers for Grinfeld attempted to argue that that prison conditions in Israel would violate his rights under the European Convention on Human Rights.
It was also argued that extraditing him would have a disproportionate impact on his family.
Evidence submitted on his behalf from a a consultant clinical child psychologist claimed that if their father were to be extradited a teenage daughter could suffer “eating disorders, self-harm and vulnerability to sexual exploitation.”
It was also added “sexual exploitation by a rabbi or a teacher was a possibility.”
Relocating to Israel was also not an option for Grinfeld’s wife, who was content with her life in the UK, as where the children who were “happy” at their school in London, the court papers stated.
It was added:”The appellant’s wife said that, whilst she had had emotional and financial support from her religious community, she was concerned that it would be reduced were the appellant to be returned to Israel. It would not be an option for her and the children to move to Israel.
“The children were happy at school in this country. She had no prospect of accommodation in Israel. She explained that she and the appellant did everything together. The children were very close to their father. Were he to be extradited, ‘it would break the family'”.
But in a judgement handed down in the High Court last Thursday, Lord Justice Williaim Davis and Mrs Justice McGowan dismissed Grinfeld’s fight against extradition.
On a minor point they accepted that one count of common assault against him should be disregarded, but they dismissed his overall appeal on other grounds.
The final decision on extradition now rests with the Home Secretary.
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