Key facts
- A video allegedly showing two Sydney nurses making antisemitic comments to an Israeli influencer has been excluded from a court case.
A video allegedly showing two Sydney nurses making antisemitic comments to an Israeli influencer has been excluded from court evidence. The nurses are due to face trial in August for allegedly making menacing and offensive remarks.
The exclusion of key video evidence significantly impacts the prosecution's case against the two nurses accused of making antisemitic remarks, potentially affecting the trial's outcome.
A video allegedly capturing two Sydney nurses making antisemitic comments to an Israeli influencer has been excluded from evidence in their upcoming court case. Ahmad Nadir, 28, and Sarah Abu Lebdeh, 27, have pleaded not guilty to charges of being menacing and offensive. They are scheduled to go to trial at the end of August.
Judge Michael McHugh ruled on Tuesday that the video and any other recordings of the conversation could not be admitted as evidence. Lawyers for the nurses argued that the recording, made on the platform ChatRoulette, constituted an illegal invasion of privacy as it was done without their consent. The judge cited the broad publication of the material online and in the media as a factor in his decision, noting the alleged utterances were likely highly disturbing.
The prosecution had argued that the online nature of the chat meant the nurses had a lower expectation of privacy. Crown prosecutor Justin Hannebery KC contended that the crucial nature of the evidence outweighed questions of how it was obtained. However, the exclusion of the video is considered a blow to the prosecution's case.
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