Key evidence allegedly showing two former nurses discussing killing Israeli patients will face a legal challenge, threatening their prosecution.
Sarah Abu Lebdeh and Ahmad Rashad Nadir faced court for the first time on Wednesday after sparking national outrage when recorded saying they would refuse to treat Israelis and kill them instead.
The pair were working a night shift at south-west Sydney’s Bankstown-Lidcombe Hospital at the time of the alleged threats, made through an online video chat platform in February.
In unusual scenes, Abu Lebdeh arrived at and left Downing Centre Local Court in a scrum of nine black-clad men, who helped keep a gaggle of cameras and reporters at bay.
The 26-year-old kept her face down, with little in view besides her light pink hijab.
Nadir arrived in more casual circumstances, dressed in all black and flanked by his lawyer Zemarai Khatiz.
After the case was briefly mentioned in court, the solicitor told reporters he planned to apply to have the video underpinning the case tossed out.
Charges were laid after footage was shared online by another party to the Chatruletka meet-up, Israeli influencer Max Veifer.
“The video … was recorded without his (Nadir’s) knowledge,” Khatiz said outside court.
“We will apply to have it excluded.”
If the application is successful, it could leave prosecutors with little other evidence to rely on in their cases against the nurses.
The case was adjourned for eight weeks to enable federal prosecutors to serve the brief of evidence.
Prosecutors plan to take the case to the District Court, where the nurses could face a jury trial and, if convicted, stiffer penalties.
The pair, both on bail, have been excused from attending the next mention on May 13.
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Abu Lebdeh has been charged with threatening violence to a group, using a carriage service to threaten to kill and using a carriage service to menace, harass or cause offence.
The 26-year-old has been on bail with conditions prohibiting her from leaving Australia or using social media.
Nadir was hospitalised during the fallout of the video emerging but was charged earlier in March with using a carriage service to menace, harass or cause offence and possession of a prohibited drug.
The 27-year-old previously apologised through his lawyer for the comments he made in the video.
Australia’s health practitioner watchdog has barred the duo from working as nurses nationwide and their registrations have been suspended by the NSW Nursing and Midwifery Council.
Their comments were widely condemned including by the prime minister and NSW premier, coming amid alarm about violent antisemitic acts in Sydney and Melbourne.
Many of the highest-profile incidents in Sydney have since been exposed as being organised by criminal networks with no clear ideological motivations.
