A New South Wales judge has dealt a major setback to the prosecution in the trial of two Sydney nurses, ruling that a video of the pair allegedly making antisemitic comments is inadmissible as evidence.
The ruling represents a significant legal hurdle for prosecutors as Ahmad Nadir, 28, and Sarah Abu Lebdeh, 27, prepare to face court. They have pleaded not guilty to charges of being menacing and offensive in a public place, stemming from an encounter with an Israeli influencer.
The footage, alleged to show the nurses saying they would refuse to treat Israeli patients and threatening violence against them, will not be presented to the jury. The judge's decision is based on procedural grounds regarding how the video was obtained.
The case, which has drawn national and international attention due to its antisemitic overtones, now proceeds to trial without what prosecutors considered their primary piece of evidence. The nurses maintain their innocence, and the burden of proof rests entirely on the remaining testimony and evidence.