The Court of Appeal has overturned a previous decision to exclude video evidence in the trial of two former Sydney nurses, Sarah Abu Lebdeh and Ahmad Rashad Nadir, accused of making menacing comments about Israelis.

The nurses, formerly employed at Bankstown Hospital, have pleaded not guilty to charges of using a carriage service to menace and harass following a conversation with an Israeli influencer on the cam chat app Chatruletka in February 2025. Ms Abu Lebdeh faces an additional charge of threatening violence to a group after allegedly making threats to Israeli patients during the chat.

Defense lawyers argued that the video chat should be excluded on grounds of improper obtaining and privacy law breaches. However, prosecutors appealed, and the Court of Appeal ruled on Friday that the unedited video is admissible evidence.

Legal arguments included debate over the location of the recording, with defense barrister Peter Lange SC contending the offence was partly committed in New South Wales since the nurses' computer microphone in the hospital room captured the sound. "What was used was the microphone in the room at the hospital … in order to capture the sound," he said.

Mr. Holdenson, representing the Crown, emphasized the importance of the video for the jury's understanding, stating the case would be "significantly impacted if it could not use the video, because the jury would not have a proper understanding of the context of the conversation."

The Court's decision allows the jury to see and hear the conversation, including tone, manner, hand gestures, and expressions, which are critical to assessing the case.

Sources

ABC Australia News