A video of two Sydney nurses allegedly making antisemitic comments to an Israeli influencer has been ruled inadmissible as evidence, delivering a significant blow to the prosecution as the pair prepare for trial.
Ahmad Nadir, 28, and Sarah Abu Lebdeh, 27, have pleaded not guilty to charges of being menacing and offensive after they allegedly said they would refuse to treat Israeli patients and threatened violence against them. The incident occurred at Bankstown Hospital in south-west Sydney.
Judge excludes key footage
Judge Michael McHugh ruled on Tuesday that the video and any other recordings of the conversation could not be admitted as evidence in the trial, which is set to begin at the end of August. The decision was made at Sydney's Downing Centre District Court.
“I’ve come to the firm view that the video evidence must be excluded from each of the trials of the applicants,” McHugh said. One reason for the ruling was the widespread publication of the material online and in the media, which McHugh said undermined its admissibility.
Privacy concerns raised
Lawyers for Nadir and Abu Lebdeh argued that the nurses were recorded without their consent, amounting to an illegal invasion of privacy. The video was captured by Max Ilinsky, an Israeli known as Max Veifer, on the platform ChatRoulette (known as Chatruletka in Israel), which randomly pairs users for conversations.
“This man [Mr Veifer] is running his own private … vigilante activity,” Nadir’s barrister, Greg James KC, previously said. “He doesn’t care what legal regime may prevail to obtain the recordings.”
Prosecution’s argument rejected
Crown prosecutor Justin Hannebery KC had argued that the random nature of the chat meant the nurses had a reduced expectation of privacy. “Not all private conversations are created equal,” Hannebery said. “It isn’t exactly [a chat] with a close personal friend where that expectation might be regarded as absolutely heightened.” He also contended that the crucial nature of the evidence outweighed concerns about how it was obtained.
Despite these arguments, Judge McHugh ruled against admitting the footage, noting that the alleged utterances were “at the very least likely highly disturbing to right-minded people,” but that the manner of recording and subsequent publication made it inadmissible.
Impact on the trial
The exclusion of the video is a major setback for the prosecution, as the footage was central to the case. The trial is scheduled to proceed at the end of August, and the nurses remain on bail. The case has drawn significant attention due to its antisemitic overtones and the involvement of an Israeli influencer.
