Prosecutors appeal inadmissible ruling on Sydney nurses’ alleged Israeli threat video

Prosecutors are appealing to have footage of two former Sydney nurses, one of whom allegedly threatens to kill Israeli patients, be played in court after a judge ruled the clip inadmissable.

Recorded by an Israeli influencer, the footage sparked global headlines and led to Sarah Abu Lebdeh and Ahmad Rashad Nadir both being charged and pleading not guilty to using a carriage ­service to menace, harass or offend.

Ms Abu Lebdeh has also pleaded not guilty to a charge of threatening violence to a group.

The video clip was recorded from an online chatroom.

In the two-and-a-half minute video, the nurses allegedly threatened violence against Israelis who came to Bankstown Hospital, a court was previously told.

Last month, Judge Michael McHugh ruled the video be excluded from trial, as it was taken without the nurses’ consent.

“Ultimately, I have come to the firm view that all the video evidence must be excluded from each of the trials of the applicants,” he said.

Judge McHugh ruled the influencer, Max Ilinski, had unlawfully recorded and shared the private conversation.

Judge McHugh further ruled evidence ­obtained illegally should only be allowed if “the desirability of admission outweighs the undesirability of admitting evidence that has been obtained in such a way or ways”.

The former Bankstown Hospital nurses are set to stand trial, beginning August 31.

The Commonwealth Department of Public Prosecutions has now lodged an appeal with the NSW Court of Criminal Appeal against the inadmissible video ruling. That appeal will be called in the Supreme Court on July 16.