A Sydney court has ruled that a video showing two nurses making antisemitic remarks to an Israeli influencer cannot be used as evidence in their upcoming trial, marking a setback for prosecutors in the case.
The decision was given on Tuesday at the Downing Centre District Court, according to The Guardian, Judge Michael McHugh said recordings of the interaction would be excluded from proceedings because they did not know they were being filmed. The incident involving Ahmad Nadir, 28, and Sarah Abu Lebdeh, 27.
The pair have pleaded not guilty to charges of using menacing and offensive language after allegedly saying they would refuse to treat Israeli patients and making threats of violence during an online exchange. Their trial is scheduled for late August.
“I’ve come to the firm view that the video evidence must be excluded from each of the trials of the applicants,” McHugh said in court.
The ruling comes after arguments from defense lawyers who said the footage was obtained without consent during an interaction at Bankstown Hospital in south-west Sydney, raising privacy concerns. The judge also noted that the material had already been widely circulated online and in media reports.
“The alleged utterances of the applicants during the chatroom interactions are on their face at the very least likely highly disturbing to right-minded people,” he added.
The video was recorded in 2025 on the ChatRoulette platform by Israeli influencer Max Ilinsky, also known as Max Veifer. The service randomly pairs users for live conversations. Defense counsel Greg James KC previously argued the recording amounted to unauthorized surveillance.
“This man [Mr Veifer] is running his own private … vigilante activity,” James said. “He doesn’t care what legal regime may prevail to obtain the recordings.”
Prosecutor Justin Hannebery KC argued the circumstances of the online exchange meant expectations of privacy were limited.
“Not all private conversations are created equal,” Hannebery said. “It isn’t exactly [a chat] with a close personal friend where that expectation might be regarded as absolutely heightened.”
The decision was given on Tuesday at the Downing Centre District Court, according to The Guardian, Judge Michael McHugh said recordings of the interaction would be excluded from proceedings because they did not know they were being filmed. The incident involving Ahmad Nadir, 28, and Sarah Abu Lebdeh, 27.
The pair have pleaded not guilty to charges of using menacing and offensive language after allegedly saying they would refuse to treat Israeli patients and making threats of violence during an online exchange. Their trial is scheduled for late August.
“I’ve come to the firm view that the video evidence must be excluded from each of the trials of the applicants,” McHugh said in court.
The ruling comes after arguments from defense lawyers who said the footage was obtained without consent during an interaction at Bankstown Hospital in south-west Sydney, raising privacy concerns. The judge also noted that the material had already been widely circulated online and in media reports.
“The alleged utterances of the applicants during the chatroom interactions are on their face at the very least likely highly disturbing to right-minded people,” he added.
The video was recorded in 2025 on the ChatRoulette platform by Israeli influencer Max Ilinsky, also known as Max Veifer. The service randomly pairs users for live conversations. Defense counsel Greg James KC previously argued the recording amounted to unauthorized surveillance.
“This man [Mr Veifer] is running his own private … vigilante activity,” James said. “He doesn’t care what legal regime may prevail to obtain the recordings.”
Prosecutor Justin Hannebery KC argued the circumstances of the online exchange meant expectations of privacy were limited.
“Not all private conversations are created equal,” Hannebery said. “It isn’t exactly [a chat] with a close personal friend where that expectation might be regarded as absolutely heightened.”
