Viral video excluded from trial of former Bankstown Hospital nurses
A judge has excluded the viral video at the centre of the prosecution of two former Bankstown Hospital nurses accused of threatening Israeli patients, dealing a significant blow to the case against them.
Ahmad Rashad Nadir, 28, and Sarah Abu Lebdeh, 27, have pleaded not guilty to charges arising from an online conversation with Israeli content creator Max Veifer in February 2025.
The nurses who allegedly claimed to have killed Israelis
Judge Michael McHugh ruled today that the video and other recordings of the conversation could not be used as evidence when the pair face separate trials in the NSW District Court.
“Ultimately, I have come to the firm view that the video evidence must be excluded from each of the trials of the applicants,” he told Sydney’s Downing Centre District Court.
The footage allegedly showed Nadir and Abu Lebdeh saying they would refuse to treat Israeli patients and making threats of violence while working a night shift at Bankstown Hospital in Sydney’s south-west.
Both deny using a carriage service to menace, harass or offend. Abu Lebdeh also denies threatening violence against a group.
The video was recorded by Veifer, an Israeli social media personality, during a randomly connected conversation on the Chatruletka video-chat platform. He later published it online, where it attracted international attention and widespread political condemnation.
Lawyers for the accused argued the conversation was recorded without their knowledge or consent and breached NSW surveillance laws protecting private conversations.
Nadir’s barrister, Greg James KC, described Veifer during an earlier hearing as conducting his own private “vigilante activity”.
“He doesn’t care what legal regime may prevail to obtain the recordings,” James said.
Crown prosecutor Justin Hannebery KC argued that users of a random online video-chat service could not have the same expectation of privacy as people speaking privately with friends or family.
“Not all private conversations are created equal,” he told the court.
“It isn’t exactly a chat with a close personal friend where that expectation might be regarded as absolutely heightened.”
The prosecution also argued that the importance of the recording outweighed concerns about how it had been obtained.
In excluding the footage, Judge McHugh acknowledged the disturbing nature of the alleged comments but said the question of whether criminal offences had been committed had to be considered separately.
“The alleged utterances of the applicants during the chat room interactions are on their face at the very least likely highly disturbing to right-minded people,” he said.
However, he said whether the alleged remarks met the high standard required for a criminal conviction was a different question for a jury.
The judge also considered the extensive circulation of the recordings through social media and news reports.
The ruling means prosecutors will be unable to show the video to jurors and are expected to rely heavily on Veifer’s testimony about the conversation.
Veifer told the court during the pre-trial hearing that he had recorded the exchange for his protection and published it because he was concerned by what had allegedly been said and wanted to warn Israelis.
Nadir and Abu Lebdeh remain on bail. They were stood down from their NSW Health positions after the footage emerged, and their nursing registrations were suspended.
Their trials are scheduled to begin on 31 August.
