NSW Nurses Stood Down Over Anti-Semitic Remarks: Legal Implications & Potential Criminal Law Changes

Two NSW Health nurses, Ahmad Rashad Nadir and Sarah Abu Lebdeh, have been suspended following widespread outrage over a disturbing video in which they allegedly boasted about harming and refusing treatment to Israeli patients at Bankstown Hospital. The video, filmed via the social platform Chatruletka during their shift, has sparked condemnation across political, legal, and social spheres. Today, the pair fronted the Downing Centre Local Court where they entered pleas of not guilty with potential plans to contest the introduction of the controversial video into evidence.

Police Investigation & Potential Criminal Charges

Following a request from NSW Police, Jewish influencer Max Veifer has released the full video footage to assist in the ongoing investigation. NSW Police Commissioner Karen Webb confirmed that Mr. Veifer is cooperating and has agreed to provide a formal statement.

Presently, NSW Police are pursing criminal charges against the nurses. The charges include threatening violence to a group, using a carriage service to threaten to kill and using a carriage service to menace, harass or offend.

Nursing Registrations Suspended by AHPRA

In response to the controversy, the NSW Nursing and Midwifery Board and the Australian Health Practitioner Regulation Agency (AHPRA) have suspended the nurses’ registrations. This decision ensures that neither Nadir nor Abu Lebdeh can practice in any Australian hospital pending further investigation.

Widespread Condemnation from Political Leaders & Community Groups

Public officials and community leaders have strongly condemned the actions of the two nurses:

• NSW Premier Chris Minns called for an “ironclad investigation,” emphasizing that all NSW patients deserve professional and compassionate medical care.
• NSW Health Minister Ryan Park described the video as “one of the most vile, shocking, and appalling” incidents he has seen. He assured the public that due process would be followed to permanently bar the individuals from NSW Health employment.
• Nurses and Midwives Union denounced the behaviour as “deplorable and unacceptable.”
• Jewish and Islamic leaders have both condemned the remarks, with Islamic figures stating that such conduct is contrary to Islamic teachings.

Use Carriage Service to Menace, Harass, Offend

The offence of “using a carriage service to menace, harass, or cause offence” carries a maximum penalty of three years imprisonment.

The Offence of Use Carriage Service to Menace, Harass, Offend

The offence of use carriage service to menace, harass or offend is contained in section 474.17 of the Criminal Code contained in schedule one of the Crimes Act 1914 (Cth) and states that a person commits an offence if:

• the person uses a carriage service; and
• the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.

What Actions Might Constitute Using a Carriage Service to Menace, Harass or Cause Offence?

Examples of using a carriage service to menace, harass or offend include:

• calling random phone numbers and yelling insults or threats at the person who picks up;
• posting a Facebook status calling someone ugly and stupid;
• sending dozens of text messages each day to a woman who doesn’t want to go on a second date with you; and
• posting a photograph of your ex-girlfriend on Reddit with the caption “roast me” and posting the link to her social media accounts.

What the Police Must Prove

For a court to find a person guilty of use carriage service to menace, harass or offend the prosecution must prove each of the following matters beyond a reasonable doubt:

• that they used a carriage service;
• that the content of the communications was menacing, harassing or offensive; and
• that a reasonable person would consider what they did to be menacing, harassing or offensive.

Aggravated Offence

The act provides that the offence is aggravated if the use of a carriage service involves private sexual material. Where the offence is an aggravated offence, the maximum penalty is five years imprisonment.

Defences

The most commonly argued defences to these charges are:

• that you did not do the acts alleged;
• that you did not use a carriage service;
• that a reasonable person would not consider that what you did as menacing, harassing or offensive; or
• in the case of the aggravated offence, to argue that the material was not private sexual material.

Potential Changes to NSW Laws To Address Anti-Semitic Behaviour 

In response to a recent rise in anti-semitic incidents, the NSW Government is considering new legislation to strengthen hate crime penalties. Proposed changes include:

• A new criminal offence for intentionally inciting racial hatred, carrying a maximum penalty of two years’ imprisonment.
• An amendment to Section 93ZA of the Crimes Act 1900 (NSW) to increase penalties for displaying Nazi symbols near synagogues.
• Clarification that graffiti targeting religious or ethnic groups is a criminal offence.

Accused of An Offence of Use Carriage Service to Menace, Harass, Offend? Seek Expert Legal Representation

Hate crime allegations can have severe legal and career consequences, as seen in this case. If you or someone you know has been accused of a hate crime or related offence, it is crucial to seek immediate legal advice. It is important to understand that these are serious criminal offences which have the potential to serious damage an individual’s character in the community as well as a real risk of imprisonment.

At Barsha Defence Lawyers, our experienced defence lawyers specialize in hate crime cases and have a strong track record of achieving the best possible outcomes for our clients.

Contact us today for a free consultation.

Our award-winning criminal defence team is available 24/7 to provide expert legal guidance and representation across NSW.