A crucial video purporting to show two Sydney nurses making antisemitic remarks to an Israeli influencer has been ruled inadmissible as evidence, delivering a significant blow to the prosecution's case. The decision comes as Ahmad Nadir, 28, and Sarah Abu Lebdeh, 27, prepare to stand trial on charges of menacing and offensive behaviour, to which they have pleaded not guilty.
The pair are accused of stating they would refuse to treat Israeli patients and threatening violence against them during an online conversation. However, Judge Michael McHugh, presiding over Sydney's Downing Centre district court, firmly stated on Tuesday that "the video evidence must be excluded from each of the trials of the applicants," along with any other recordings of the interaction.
Lawyers representing the nurses had argued that the recording, made while the pair were at Bankstown hospital in south-west Sydney, was obtained without their consent and constituted an illegal invasion of privacy. One of the reasons cited by Judge McHugh for excluding the video evidence was the extensive publication of the material online and across various media platforms prior to the trial.
The alleged exchange occurred in 2025 on the platform ChatRoulette, known as Chatruletka in Israel, which randomly connects individuals globally for conversations. Max Ilinsky, an Israeli influencer also known as Max Veifer, recorded his interaction with the nurses. Greg James KC, representing Nadir, previously suggested that Mr Veifer was engaged in "private… vigilante activity" and disregarded legal protocols for obtaining recordings.
Conversely, Crown prosecutor Justin Hannebery KC had argued that the online chat did not carry the same expectations of privacy due to the random nature of the connection. He contended that the crucial nature of the evidence for the prosecution's case outweighed any concerns regarding its acquisition. Despite this argument, the judge's ruling means the prosecution will now need to proceed without this key piece of evidence when the trial commences at the end of August.