STATEMENT OF RABBI YOSEF FELDMAN

TO ROYAL COMMISSION INTO INSTITUTIONAL RESPONSES TO ALLEGATIONS OF CHILD SEXUAL ABUSE

This Statement has been prepared in response to the letter from the Royal Commission addressed to me dated 23 December 2014. I set out below each of the questions and my response.

1) Question:

Your role at Yeshiva Bondi (if any);

Response:

1.R.1 My involvement has been largely through Yeshiva Gedolah. The Yeshiva Gedolah is the Rabbinical College of Sydney and is a recognised tertiary vocational school which provides education and training for young men wishing to be ordained as Rabbis. Norma.Hy those students study in Sydney for one to two years and the average age of those receiving Rabbinical ordination is approximately 22 years.

1.R.2 Yeshiva College now known as Kesser Torah College is operated by Kesser Torah College Ltd previously called Yeshivah College Ltd. I was a Director of Yeshiva College Ltd until August 2003 but was not involved in day to day management. In August 2003, a new Board of management comprising of a group led by parents was appointed and changed the name to Kesser Torah College Ltd in about 2004. I was also a director of Yeshiva College Bondi Ltd until December 2012. My main role in Yeshiva College Bondi Ltd was acting as Financial Controller.

1.R.3 I am a director of Sydney Talmudical College Association ("STCA") which carries on business as Yeshiva Centre. Annexed and marked "YF1" is a copy of relevant ASIC searches.

1.R.4 My involvement with Yeshiva Gedolah commenced in approximately 1993 as a supervisor of the students. That involved monitoring attendances and helping students with their studies and day to day problems. A few years later I became the Rabbinical Administrator and I retain that position today.

1.R.5 As Rabbinic Administrator my duties involve conducting extensive consultation with heads of Yeshivas worldwide for nominations and recommendations as to suitable students, interviewing candidates for enrqlment, authorise the issue of diplomas and statements of attainment, ensuring that all assessments are based on assessments

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by qualified assessors, that assessments are consistent, fair and objective and can be adjusted to suit special needs, informing applicants of the assessment purpose and process, reviewing student appeals against assessment outcomes, preparing assessment plans, implementing training strategies, annually reviewing assessment strategy, convening with the Administrator for annual assessment meetings to review, compare and validate assessment outcomes, reviewing sources to provide training and assessment services and monitoring attendance records including contacting and counselling students if a student is absent without approval.

1.R.6 I am also one of the teaching and ~esting Rabbis in respect of Yeshiva Gedolah.

2) Question:

When, and in what circumstances, you and/or the Yeshiva Gedolah became aware of allegations of child sexual abuse made against:

a) David Cyrpys;

b) LVL lor c) Daniel Hayman.

Response:

2.R.(a) David Cvrpys

2.R.(a). 1 I only became aware of the allegations of child sexual abuse against David Cyrpys when the matter became public within the community, probably by reading about the allegations in the Jewish News in 2010/2011 .

2.R.(a).2 David Cyrpys was never one of my students and I have not had any involvement with the management of Yeshiva Melbourne.

2.R.(bl LVL '---;===========:::::;-~~~~~-'

2.R.(b).1 f VL lwas one of my students at Yeshiva Gedolah. The Yeshiva Centre arranged for f\VL Ito travel from the USA and to live at Yeshiva Gedolah. To the best of my recollection I first became personally aware of the allegations against him when my father Rabbi Pinchus Feldman advised me in about 2003 that allegations had been made. I recall attending a meeting in my father's office in 2003 soon after the allegations were made. By that time, I believe Mr Bill Conway then the Headmaster of the Yeshiva College School had notified the Department of Community Services of the allegations. I was involved in the meeting because I was in

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direct supeNision of VL s part of my duties in charge of the ordination program a es 1va Gedolah. I believe the only persons in attendance at the meeting besides ~y father and myself was~ VL I t am not aware of any written record of the mee mg being made at the time or subsequently.

2.R.(b).2 I :set out below my recollection of conversations. The words in quotation marks below are my best recollection of the substance of those conversations. M recollection is that my father began by saying t VL ,___ _____ _,

"A complaint has been made by the parent of one of the boys who attended camp that your were sent to assist with, that you behaved inappropriately with his son at the camp. ·

"We have to advise you you are not to have any contact with any children and you will not be sent to assist at any camps."

I do not recall in this conversation whether the discussion concerned one or more complaints against f VL I At the time of this conversation or subsequently, I knew that at least one other complaint of a sexual nature involving f VL was made to my father, regarding another child . .____ ______ __,

2.R.(b).3 FVL l then said:

2.R.(b).4

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"Will I be allowed to stay to complete my semicha [meaning ordination studies]?"

My father responded:

"Yes, you are not being asked to leave but you are certainly not to have any contact with any children."

~f v_L ___ ~lsaid: "Maybe I should leave Australia."

My father then said:

"The Yeshiva will not try to stop you but if you leave Sydney then we will not be able to give you semichah because we can only do that if you complete your semichah studies here and are tested here. Even if you complete your semicha studies elsewhere it will make no difference."

A short time atte1:;the aboY.e meeting I spoke wah EVL about the matter. CVL I said: .____ ____ ____,

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"I have received an assurance from Rabbi Moshe Gutnick ~ that if I leave and complete my studies succes8rnny

overseas then Rabbi Moshe Gutnick can arrange and probably give me semicha independently of Yeshiva Gedolah."

REDACTED

REDACTED

2.R.(b ) .5 In one of the conversations I had with ~ VL jhe said:

"I did not actually do anything wrong. I just laid with him. I may have massaged him but not inappropriately."

2.R. (b).6 I recall thinking that whatf'VL !told me he did was highly inappropriate and I may have said so to him.

2.R.(b).7 N!Y understanding was that the allegations involving ._~_VL _____ _. were that he touched the genitals of underage boys. I do not recall the source of that understanding.

2.R.(b).8 Shortly after these conversations, ._IAV_L ____ ~j returned to the USA.

2.R.(c)

2.R.(c).1

2.R.(c).2

2.R.(c).3

2.R.(d)

Daniel Hayman

The incidents involving Daniel Hayman occurred before my involvement in Yeshiva Gedolah.

The first I learnt of the incidents was when they became public and I read about them in the papers. That would have been 2010/2011 .

I am not aware what action (if any) was taken in respect of the incidents or of any investigations or enquiries (if any).

David Kramer

I note the letter to me refers to David Kramer and not to!A VL IREDACTE~I never met David Kramer. .____ __ ____.

3) Question:

The actions taken by you or Yeshiva Gedolah, including any internal investigations or inquiries, in response to any allegations of child sexual abuse made against:

a) David Cyrpys;

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b) ._Fv_L ____ __.I or

c) Daniel Hayman.

Response:

3.R.(a).1

3.R.(a).2

3.R.(b).1

3.R.(b).2

3.R.(b).3

3.R.(b).4

3.R.(c).1

David Cyrpys was never a student of Yeshiva Gedolah and to my knowledge the allegations made against him were in respect of his time at Melbourne Yeshiva.

I am not aware of any action, investigation or inquiry by Yeshiva Gedolah and there was none by me in relation to David Cyrpys for that reason.

The first I became aware of any allegations was in relation to IAVL las detailed above in 2.R.(b).

I was personally disgusted when I learnt of the allegations. I did not expect it from him and I was most concerned about the effect it would have on the long term wellbeing of the children he abused.

I am not aware of what actual inquiries or investigations were made in respect of IAVL I except that the complaints were by parents and the then headmaster Bill Conway had sought advice from the Association of Independent Schools. The action taken was that the matter was reported to the authorities and f VL !was forbidden contact with the school children.

As part of the Yeshiva College Bondi's School's registration in 2008 a detailed Staff Handbook was consolidated and published as well as an abridged version "Abridged Staff Handbook Essentials" dealing with child sexual abuse issues.

I am not aware of any investigation or inquiry in relation to Daniel Hayman and there were none by me because when I first because when· I first because aware the allegations had become a Police matter.

4) Question:

Details of any and all communications with either of the following persons:

a) David Cyrpys;

b) E VL lor

c) Daniel Hayman.

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Response:

4.R.(a) David Cyrpys

4.R.(a).1 The only conversation or communication I had with David Cyrpys that I recall was in Melbourne when I met him briefly before he was sentenced. The meeting was in Carlisle Street and consisted of formal greetings and me wishing him well . Only the two of us were present.

4.R.(b) ~rv_L ____ ~ 4.R.(b).1 Because he was one of my students and did outreach work

before the allegations became known to us, I had numerous conversations with him concerning his studies, how he is progressing and the outreach work he was doing. The only discussions I had with him involving allegations against him of inappropriate behaviour was as detailed above in answer to question 2. Since then I did meet him once in New York and we talked about general matters and not about the allegations or charges against him.

4.R.(c) Daniel Hayman

4.R.(c).1 I have had many discussions and communications with Daniel Hayman over the years. I have known him for about 30 years, since I was a teenager and we were friends. He even taught me how to drive. At no time did I have any inkling of him being involved in any inappropriate sexual behaviour or any allegation to that effect before the matters became public.

4.R.(c).2 On 27 May 2014, I was part of a group email with Daniel Hayman. He informed me and others in an email dated 27 May 2014 at 7.14am that he would sentenced on that day. I sent an email at 10.34am asking Daniel or anyone to report the outcome of his sentence. I did so because Daniel was my friend.

4.R.(c).3 I learnt that Daniel was not sentenced to imprisonment and was able to return to the USA to his wife and children.

4.R.(c).4 On 12 June 2014, I emailed Daniel as follows; "The ikker is that most people are delighted (including Dovid Bleier and Sebban) that you got out of all this and had a Yetzian Mitzrayim, and from now you should only know of Simchois maychayil el choyill" -which translates as follows "The ikker [meaning "main thing"] is that most people are delighted (including David Bleier and Sebban) that you got out of all this and had a Yetzia' Mitzrayi~ [literal translation "going out of Egypt" meaning "a liberation" and from now you should only know of Simchois [meaning ' !

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happy od!!:;:chayil el choyill [meaning "from strength ta strength I"].

4.R.(c).5 Although I was very disappointed in Daniel for committing those serious offences, I was pleased for him that he did not go to gaol and was able to return to his wife and children. I believed that he was a changed man since he committed those offences. I had heard that he was assessed as being very unlikely to reoffend.

5) Question:

In relation to paragraph 4 above in so far as the communications were in writing copies of all written communications be produced:

a) When the communications took place;

b) Where the communications took place;

c) Participants' communications; and

d) The substance of the communications.

Response:

I have no co ies of written communication with David Cyrpys or VL have copies of written communications with anie ayman which I produced in answer to a Summons to

Produce.

Signed:

Yosef Feld

Dated: 22 January 2015

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