Video of alleged threats by nurse excluded from court case

A judge has ruled that a video recording of an online conversation, in which a former Sydney nurse allegedly made threats against Israelis, cannot be used as evidence in the case against her and another former nurse. The individuals, Ahmed Rashad Nadir and Sarah Abu Lebdeh, met Israeli content creator Max Veifer on the cam chat app Chatruketka in February last year while employed at Bankstown Hospital.

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Ultimately, I have come to the firm view that all the video evidence must be excluded from each of the trials of the applicants.

Both nurses have pleaded not guilty to charges related to using a carriage service to menace, harass, or offend. Ms. Abu Lebdeh faces an additional charge of threatening violence against a group. Their trial is scheduled for late August. Defense lawyers had argued that the video, recorded by Mr. Veifer and shared with his large social media following, should be excluded due to improper acquisition and violation of New South Wales privacy laws prohibiting the recording of private conversations without consent.

Judge Michael McHugh cited the Evidence Act, which states that improperly obtained evidence should not be admitted unless its desirability outweighs its undesirability. He concluded that the video evidence must be excluded from both trials. Ms. Abu Lebdeh is accused of threatening violence towards Israelis. Mr. Veifer, whose real name is Max Ilinsky, appeared via AVL from Israel during a hearing at the NSW District Court.

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I don't think there was any evidence to charge my client, who ultimately lost her job and has gone through severe hardship.

Ms. Abu Lebdeh's lawyer, Rayan Kadadi, welcomed the ruling outside court, stating there was insufficient evidence to charge his client, who had already lost her job and endured significant hardship. Ms. Abu Lebdeh expressed gratitude for the court's decision and thanked her supporters. Judge McHugh acknowledged the case had garnered substantial media attention, with Mr. Veifer's video receiving wide publicity, particularly in Australia. He noted that the alleged utterances were disturbing and that while views on "the war" and antisemitism vary, the legal standard for proving the offenses remains a separate matter for the jury.

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I'm grateful for the court's decision. I'm thankful for everyone that supported me, my friends and my family and my lawyer.