The video recording of two former Syndey nurses saying they would kill Israeli patients has been thrown out by the presiding judge, and can no longer be used as evidence agaisnt them in the upcoming trial.
Judge Michael McHugh ruled Tuesday that evidence obtained improperly or in contravention of an Australian law cannot be admitted.
"Ultimately, I have come to the firm view that all the video evidence must be excluded from each of the trials of the applicants," the judge said.
Nurses argued video was taken without consent
This comes after the nurses argued that the recording - taken by Israeli content creator Max Veifer during a conversation - was obtained without their consent, thus breaching NSW laws.
Both former nurses have pleaded not guilty, and will be facing trial in August.