Self-declared Nazi becomes first person convicted under Australian state's 'far-Right salute ban'
8 October 2024, 06:59
A self-described Nazi has become the first person convicted in the Australian state of Victoria after performing an outlawed far-Right salute.
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Jacob Hersant, 25, stared straight ahead in court as magistrate Brett Sonnet handed down his verdict on Tuesday morning.
Hersant gave the salute and praised Nazi leader Adolf Hitler in front of news media cameras outside the Victoria County Court on October 27, 2023, after he had appeared on an unrelated charge.
The accused had pleaded not guilty to performing the salute - six days after the Victoria state government had made the salute illegal under the new law.
The Federal Parliament passed legislation in December that outlawed nationwide performing the Nazi salute in public or to publicly display, or trade in, Nazi hate symbols.
A Melbourne magistrate found Hersant guilty, dismissing defence lawyers' arguments that the gesture was not a salute and that the ban unconstitutionally infringed upon his implied freedom of political communication.
Hersant, who was convicted on Tuesday, is scheduled to be sentenced on Wednesday and could face 12 months in prison and a fine.
Three men were convicted in June of performing the Nazi salute during a soccer match in Sydney on October 1, 2022. New South Wales state had banned Nazi symbols in 2022.
They were each fined and have appealed.
Hersant told reporters outside court that he would consider an appeal to a higher court.
He said he did "not necessarily" acknowledge that he had given a Nazi salute when he was filmed by media cameras a year ago.
"But I do give the Nazi salute and I am a Nazi," Hersant said.
"I'll still continue to give the salute, but hopefully police officers don't see it."
Anti-Defamation Commission chair Dvir Abramovich, a leading opponent of antisemitism in Australia, said the verdict filled him with a profound sense of relief.
"This is a historic and thundering day for justice and decency," Mr Abramovich said.
