00:02More than a year after an online conversation resulted in criminal charges, two former nurses,
00:08Ahmad Rashad Nadir and Sarah Abu-Lebda, have secured a significant legal win.
00:13I'm really grateful for the course decision and I'm thankful for everyone that supported me,
00:17my friends and my family and my lawyer.
00:20While working at Bankstown Hospital last February, they used the ChatRouletka app,
00:24which connects strangers across the world.
00:26They were matched with Israeli content creator Max Vifa, who was recording from overseas.
00:32He later posted their chat to more than 100,000 social media followers.
00:37What they said in the conversation, which we now can't show for legal reasons,
00:42resulted in charges of using a carriage service to menace or offend, which they both deny.
00:47Ms Lebda has also denied threatening violence to Israelis.
00:51Ahead of a trial in August, their lawyers argued the video should be thrown out,
00:56because it was recorded without their consent, breaking a New South Wales law.
01:01Today, a judge ruled in their favour.
01:04Ultimately, I have come to the firm view that all the video evidence must be excluded from each of the
01:10trials of the applicants.
01:11The judge noted the video posted on social media had received much wider publicity by legacy media in Australia.
01:19I don't think there was any evidence to charge my client who ultimately lost her job and has gone through
01:25severe hardship.
01:26The prosecution will also need to decide if they want to proceed with this charge or drop the case completely.
01:34It's not yet clear what this decision means for the upcoming trial.
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