A Sydney court ruled on Tuesday that a video of an online conversation between two former hospital workers cannot be used as evidence in their criminal cases. The pair, Ahmed “Rashad” Nadir and Sarah Abu Lebdeh, were filmed last year in a clip shared by Israeli content creator Max Veifer, who said they confirmed they worked at Bankstown Hospital in Sydney.
In the recording, Nadir allegedly told Veifer, after learning he was from Israel, that he would be killed and sent to “Jahannam,” or hell. Abu Lebdeh then joined in, saying, “This is the land of Palestine, not yours,” and later, “When you die I want you to remember my face so you understand, you are going to die the most disgusting death.” She also said, “I will not treat them, I will kill them.” Nadir also said he would send Israelis to hell. After the video was published, the siblings, who are an brother and sister, were suspended for two years.
According to ABC Australia, both have pleaded not guilty to using a carriage service to threaten, harass or offend, while Abu Lebdeh also denies a separate charge of threatening violence against a group. Their trial is scheduled for late August. Defence lawyers argued that the clip, which Veifer recorded and posted to his more than 100,000 followers, should be excluded because it was unlawfully obtained and breached New South Wales law banning the recording of private conversations without consent.
Judge Michael McHugh said the evidence law bars material obtained improperly or illegally unless its usefulness outweighs the downside. In his ruling, he also considered whether the chat was a “private conversation” under New South Wales law. He noted the case had already received heavy media coverage, including wider reporting in Australia. McHugh wrote that the alleged remarks were, on their face, “very disturbing” to decent people everywhere, but stressed that whether the offences are proved is ultimately for the jury to decide. Most of his reasoning remains sealed by court order. Abu Lebdeh’s lawyer welcomed the decision, and Abu Lebdeh told ABC she was “grateful for the court’s decision.”
