Viral video of Sydney nurses threatening to kill Israeli patients ruled inadmissible ahead of trial

The exclusion of these key recordings is a major setback for prosecutors ahead of the trial of the two nurses, which is scheduled to begin at the end of August.

By Ailin Vilches Arguello, The Algemeiner

An Australian court has ruled that a video showing two nurses allegedly threatening to kill Israeli patients cannot be used as evidence at trial, complicating the prosecution’s case as the pair prepare to face court later this year.

On Tuesday, Judge Michael McHugh ruled that videos and other recordings of a conversation between former Sydney nurses Ahmad Rashad Nadir, 28, and Sarah Abu Lebdeh, 27, and Israeli influencer Max Veifer — in which the pair allegedly posed as doctors and made inflammatory statements — could not be admitted as evidence at trial.

“I’ve come to the firm view that the video evidence must be excluded from each of the trials of the applicants,” McHugh said in his ruling.

Earlier this year, defense lawyers for the two nurses challenged the admissibility of the recordings, arguing they were obtained without their clients’ consent and in breach of New South Wales laws prohibiting the recording of private conversations without permission.

However, prosecutor Justin Hannebery argued that the online conversation did not carry the same expectation of privacy as a private exchange, noting that the nurses and Veifer were strangers who met through a random and anonymous online connection.

He also maintained that the significance of the footage to the prosecution’s case outweighed concerns about the way it had been obtained.

The exclusion of these key recordings is a major setback for prosecutors ahead of the trial of the two nurses, which is scheduled to begin at the end of August.

Lebdeh’s lawyer, Rayan Kadadi, welcomed the court’s decision, saying it vindicated his client’s position after months of public scrutiny and personal hardship.

“I don’t think there was any evidence to charge my client, who ultimately lost her job and has gone through severe hardship,” Kadadi told reporters outside Sydney’s Downing Center District Court.

The incident began last year after Veifer recorded his Chatroulette conversation with Lebdeh and Nadir, a platform that randomly pairs users from around the world for online chats.

The widely circulated footage, which sparked international outrage and condemnation, showed Abu Lebdeh declaring she would refuse to treat Israeli patients and instead kill them, while Nadir made a throat-slitting gesture and claimed he had already killed many.

“It’s Palestine’s country, not your country, you piece of s—t,” Lebdeh told Veifer.

“One day your time will come, and you will die the most disgusting death,” she added.

During the late-night conversation, Veifer asked the pair, who were then working at Sydney’s Bankstown-Lidcombe Hospital, how they would respond if an Israeli patient arrived for treatment, prompting Lebdeh to reply: “I won’t treat them. I’ll kill them.”

“You have no idea how many s—t dog Israelis came to this hospital. I sent them to Jahannam [the Islamic word for hell],” Nadir said while making a throat-slitting gesture.

Shortly after the video went viral, Australian authorities suspended both nurses nationwide for two years, preventing them from continuing to treat patients while the case proceeded.

Abu Lebdeh was charged with federal offenses, including threatening violence against a group and using a carriage service to threaten, menace, and harass. If convicted, she faces up to 22 years in prison.

Nadir was also charged with federal offenses, including using a carriage service to menace, harass, or cause offense, as well as possession of a prohibited drug.

In February, both nurses pleaded not guilty to the charges and have maintained their innocence as the case moves toward trial, which is expected to draw significant public and media attention.