The video two Bankstown nurses fought to keep out of court will now be played at their trial

Two former Sydney nurses, Sarah Abu Lebdeh, 27, and Ahmad Rashad Nadir, 28, will face the viral video at the centre of their case when they stand trial next month, after appeal judges on Friday set aside the ruling that had thrown it out.

The decision hands the Commonwealth Director of Public Prosecutions back its key piece of evidence four weeks before the District Court trial begins on 31 August. The appeal court ruled the "unedited audio visual" material admissible.

Judge Michael McHugh threw the video out in June. The appeal court just threw his ruling out

In June, District Court Judge Michael McHugh ruled the footage inadmissible because it was recorded without the nurses' consent. The video was a snippet captured by Israeli influencer Max Ilinski, known online as Max Veifer, from ChatRoulette, a platform that randomly matches strangers around the world for video chats. Mr Ilinski has not been charged with any offence.

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

Evidence obtained illegally can still be used where, in the court's words, "the desirability of admission outweighs the undesirability" of how it was obtained. Judge McHugh decided that test wasn't met. The CDPP appealed within weeks, and the challenge was heard on 16 July.

Ahmad Nadir's lawyer said the appeal had no reasonable prospects. On Friday the court disagreed

Mr Nadir's solicitor, Zemarai Khatiz, told The Australian the prosecution faced "significant legal challenges and obstacles", and called Judge McHugh's judgment "incredibly thorough and meticulous".

"Whilst the prosecution is entitled to appeal, in my view, I am confident that any appeal would not have any reasonable prospects of success and prolong the inevitable."

He also argued the challenge would mean "unnecessary expenditure of court resources and taxpayers' money" in proceedings he said had already been running for approximately 15 months. The appeal is indeed taxpayer funded: the case is run by the Commonwealth Director of Public Prosecutions, a federal agency funded from the Commonwealth budget. On Friday that money bought a result, with the appeal judges setting Judge McHugh's decision aside and clearing the video to go before the jury.

What Sarah Abu Lebdeh and Ahmad Nadir are charged with

The video made global headlines last February when it was leaked online. Police allege the pair, who worked as nurses at Bankstown Hospital in Sydney's west, threatened violence against Israeli patients in the footage.

Both are charged with using a carriage service to menace, harass or offend, and Ms Abu Lebdeh is also charged with threatening violence to a group, after prosecutors withdrew a charge of threatening to kill in September 2025. Both have pleaded not guilty to every charge. The pair lost their jobs at Bankstown-Lidcombe Hospital, and the national health practitioner watchdog has barred them from nursing anywhere in Australia.

If found guilty, both face up to 3 years in prison for the carriage service charge under section 474.17 of the Commonwealth Criminal Code. Ms Abu Lebdeh faces up to a further 5 years on the charge of threatening force or violence against a group under section 80.2BA of the same code.

The allegations remain unproven, and no findings have been made against either of them.

Western Sydney already rallied over this case. Now the jury will see the footage

The ruling lands days after the case spilled onto the streets of Western Sydney. On Wednesday, dozens of schoolchildren rallied outside Granville Boys High School, waving Palestine and Lebanon flags and chanting "Allahu Akbar", "bring him back" and "From the river to the sea, Palestine will be free", News24 reported.

The rally was for the school's student support officer, Sheikh Wesam, who was ordered to work from home for a day after posting an Instagram video defending the nurses. He claimed their comments were "never meant to be literal" or a "threat to patient care", and argued that with what he called a "genocide" unfolding, emotions could "get the better of anybody". He has since taken the video down.

The protest wasn't a spontaneous schoolyard walkout. It was organised by Teachers and School Staff for Palestine New South Wales, an activist group operating inside the public education system, on behalf of a staff member disciplined over his political commentary. The NSW Education Department said employees had "been reminded of their duty to uphold the reputation of the department as apolitical and impartial".

Whether the words in the video were ever "meant to be literal" is now a question the jury can answer with the unedited footage in front of it.

The former nurses are due to stand trial in Sydney's District Court from 31 August. The appeal court's reasons for reinstating the video will be published at a later date.