Key evidence allegedly showing two former nurses discussing killing Israeli patients will face a legal challenge, threatening their prosecution.
Key evidence showing two former nurses allegedly discussing killing Israeli patients will face a legal challenge, threatening their prosecution.
Sarah Abu Lebdeh and Ahmad Rashad Nadir were identified in a video posted on social media by Israeli social media personality Max Veifer, which showed them saying they would refuse to treat Israelis and kill them instead.
The pair were working at south-west Sydney's Bankstown-Lidcombe Hospital when the alleged threats were made and captured in a video of their conversation via online platform Chatruletka in February.
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After Veifer posted the video on social media, the duo's comments drew widespread condemnation, including from the prime minister and NSW premier.
The pair faced court for the first time on Wednesday, when Abu Lebdeh arrived surrounded by half a dozen black-clad supporters to keep media away.
Nadir arrived shortly after.
Neither spoke during the brief appearance in court before a magistrate adjourned both cases until May.
But Nadir's lawyer later told reporters he planned to apply to have the key video tossed out of the evidence brief.
The video "was recorded without his knowledge," Zemarai Khatiz said outside Sydney's Downing Centre Local Court.
"We will apply to have it excluded."
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If the application is successful, it would leave prosecutors with little other evidence to rely on in their cases against the nurses.
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.
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