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A viral video in which two Sydney nurses allegedly threatened Israeli patients has been thrown out of court ahead of a bombshell trial this year, a judge has ruled.

Sarah Abu Lebdeh, 27, and Ahmad Rashad Nadir, 28, made international headlines last February after a video of the pair spread online in which they allegedly threatened violence against Israeli patients at Bankstown Hospital, in Sydney’s west.

Camera IconSarah Abu Lebdeh (centre). NewsWire / Nikki Short Credit: News Corp Australia

On Tuesday, Judge Michael McHugh ruled the video be excluded from trial following a two-day hearing earlier this month where a court argued whether it was taken without the consent of the nurses.

“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.

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In the two-and-a-half minute video, the nurses allegedly threatened violence against Israelis who came to the hospital.

In NSW, it is illegal to record a “private conversation” or activity without the consent of the parties involved, and carries a maximum sentence of five years imprisonment.

Ms Abu Lebdeh has pleaded not guilty to using a carriage service to menace, harass or offend and threaten violence to a group.

Camera IconBankstown Nurse Ahmad Rashad Nadir arrives at Downing Court. NewsWire / Gaye Gerard Credit: News Corp Australia

Mr Nadir has pleaded not guilty to using a carriage service to menace, harass or offend.

The pair remain on bail.

The video attracted criticism at the time, and made international headlines.

The pair, who have both been stood down from their jobs by NSW Health, have also been hit with a two-year ban from working with NDIS participants.

Outside court, Ms Abu Lebdeh said she was “grateful” for the court’s decision.

“I’m thankful for everyone that supported me, my friends and my family and my lawyer,” she told waiting media, per reports from the ABC.

Her lawyer, Rayan Kadidi, called the decision a “major victory” and said she did not think there was any evidence to charge her client.

She said Ms Abu Lebdeh ultimately lost her job and had experienced “severe hardship” as a result.

Zemarai Khatiz, acting for Mr Nadir, said the evidence had been excluded and the “prosecution case will collapse as a result of the exclusion”.

“(They) will also need to decide if they want to proceed with this charge or drop the case completely”,” he said, per reports from The Sydney Morning Herald.

Originally published as Video thrown out of Bankstown nurses case

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