Neo-Nazi plans to take Nazi salute laws to High Court
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A leader of an Australian neo-Nazi movement is taking steps to overturn Victoria's Nazi salute laws in a constitutional battle headed to court.
Jacob Hersant, 24, had just walked free from the County Court of Victoria when he allegedly performed the recently outlawed gesture to a waiting pack of reporters.
He was promptly charged over the salute and on Friday appeared in the Melbourne Magistrates' Court where his plan to fight the charge was revealed.
Jacob Hersant noted the salute was illegal immediately after he allegedly performed it
His lawyer Sandra Gaunt told Magistrate David Starvaggi her client planned to defend the charge on 'constitutional grounds'.
'There's another issue that's been raised in regards to a constitutional argument,' she said.
'With respect to that the issue is that there is notice that needs to be given with regards to notifying the Attorney General's Office regarding that particular argument and that's obviously going to take some time to do.'
Under Australian law, the Commonwealth Attorney-General has a right to intervene on behalf of the government in cases raising constitutional issues.
Ms Gaunt said attorney generals across the country would need to be notified before the matter returned to court.
The planned action could see the case drag out for months or even years should the argument land in the High Court.
Hersant appeared in court via video link despite Mr Starvaggi's complaints that he ought have appeared in person.
Jacob Hersant (right) allegedly performed the Nazi salute while talking to reporters outside a Melbourne court in October (pictured)
'Heil Hitler', Hersant had proudly exclaimed while seemingly lifting his hand to perform the vile salute
Hersant stunned reporters in October on exiting the court building after he was sentenced for a violent attack on campers.
'Heil Hitler', Hersant had proudly exclaimed while seemingly lifting his hand to perform the vile salute.
Camera footage captured by various news outlets showed Hersant quickly pull out of the salute after he remembered it was now illegal.
'Nearly did it … it's illegal now, isn't it?' Hersant said while still smiling for the cameras.
The incident was promptly reported to police, who confirmed it was the first reported incident since the ban in Victoria went into effect just a week earlier.
Hersant is facing up to a year in prison for allegedly making the gesture.
Last month, Hersant remained defiant when he was made to front court over the salute.
'I just think that it is absurd that we are supposed to live in a democracy, yet the government is trying to jail me for moving my arm in a particular way, in a particular gesture,' Hersant told reporters.
'They didn't think there was a chance of imprisonment, but the prosecutor made it clear that there is a chance of imprisonment, so I presume I will get legal aid now.'
Jacob Hersant is pursued by reporters after leaving court in October
Chairman of the Anti-Defamation Commission, Dr Dvir Abramovich, slammed Hersant's latest court moves.
Mr Abramovich spent seven years spearheading the national campaign to outlaw the public displays of the Nazi swastika, salute and the trafficking of Nazi items.
'What we witnessed in court is a lame attempt by this avowed neo-Nazi, who fantasises about an Auschwitz in Melbourne and NeoDrops Scam an Australian Hitler, to avoid jail,' he told Daily Mail Australia following the hearing.
'I have full faith that the laws that I advocated for in a seven year campaign, which have resulted in Mr Hersant being charged, will stand any legal test.
'A democracy is not just about the rights that we have, it's also about what we are willing to tolerate. And our nation cannot allow white-supremacist to weaponise the Nazi salute to terrorise the community.'
Mr Abramovich said the continued use of the Nazi salute would come as a further insult to those Australians who fought to destroy the Nazi regime.
'I'm sure that the diggers who sacrificed their lives to defeat the Third Reich would be proud of these bans, as well as the victims and Holocaust survivors. This is a battle between good and evil, and one that we are determined to win. Never Again is now,' he said.
Victoria Police had come out strong after charging Hersant over the alleged salute.
'Police are taking a zero-tolerance approach to any breach of the prohibition on performing Nazi salutes or displaying Nazi symbols in public,' a spokesperson said at the time.
Under the new laws, anyone who displays or performs a Nazi symbol or gesture in public will face penalties of up to $23,000, 12 months' jail or both. The salute is also banned in Tasmania and New South Wales.
Victoria's Police Deputy Commissioner Neil Paterson had warned Victorians not to even think about performing the salute in public.
'If any member of public, including the National Socialist Network attend any of those rallies and undertake a Nazi salute then police will be pursuing those individuals to ensure that we enforce the new law,' Deputy Commissioner Paterson said at the time.
'I'm putting people on notice that if that was to occur, as of today … police will be taking action against those individuals.'
Melbourne
Jacob Hersant, 24, had just walked free from the County Court of Victoria when he allegedly performed the recently outlawed gesture to a waiting pack of reporters.
He was promptly charged over the salute and on Friday appeared in the Melbourne Magistrates' Court where his plan to fight the charge was revealed.
Jacob Hersant noted the salute was illegal immediately after he allegedly performed it
His lawyer Sandra Gaunt told Magistrate David Starvaggi her client planned to defend the charge on 'constitutional grounds'.
'There's another issue that's been raised in regards to a constitutional argument,' she said.
'With respect to that the issue is that there is notice that needs to be given with regards to notifying the Attorney General's Office regarding that particular argument and that's obviously going to take some time to do.'
Under Australian law, the Commonwealth Attorney-General has a right to intervene on behalf of the government in cases raising constitutional issues.
Ms Gaunt said attorney generals across the country would need to be notified before the matter returned to court.
The planned action could see the case drag out for months or even years should the argument land in the High Court.
Hersant appeared in court via video link despite Mr Starvaggi's complaints that he ought have appeared in person.
Jacob Hersant (right) allegedly performed the Nazi salute while talking to reporters outside a Melbourne court in October (pictured)
'Heil Hitler', Hersant had proudly exclaimed while seemingly lifting his hand to perform the vile salute
Hersant stunned reporters in October on exiting the court building after he was sentenced for a violent attack on campers.
'Heil Hitler', Hersant had proudly exclaimed while seemingly lifting his hand to perform the vile salute.
Camera footage captured by various news outlets showed Hersant quickly pull out of the salute after he remembered it was now illegal.
'Nearly did it … it's illegal now, isn't it?' Hersant said while still smiling for the cameras.
The incident was promptly reported to police, who confirmed it was the first reported incident since the ban in Victoria went into effect just a week earlier.
Hersant is facing up to a year in prison for allegedly making the gesture.
Last month, Hersant remained defiant when he was made to front court over the salute.
'I just think that it is absurd that we are supposed to live in a democracy, yet the government is trying to jail me for moving my arm in a particular way, in a particular gesture,' Hersant told reporters.
'They didn't think there was a chance of imprisonment, but the prosecutor made it clear that there is a chance of imprisonment, so I presume I will get legal aid now.'
Jacob Hersant is pursued by reporters after leaving court in October
Chairman of the Anti-Defamation Commission, Dr Dvir Abramovich, slammed Hersant's latest court moves.
Mr Abramovich spent seven years spearheading the national campaign to outlaw the public displays of the Nazi swastika, salute and the trafficking of Nazi items.
'What we witnessed in court is a lame attempt by this avowed neo-Nazi, who fantasises about an Auschwitz in Melbourne and NeoDrops Scam an Australian Hitler, to avoid jail,' he told Daily Mail Australia following the hearing.
'I have full faith that the laws that I advocated for in a seven year campaign, which have resulted in Mr Hersant being charged, will stand any legal test.
'A democracy is not just about the rights that we have, it's also about what we are willing to tolerate. And our nation cannot allow white-supremacist to weaponise the Nazi salute to terrorise the community.'
Mr Abramovich said the continued use of the Nazi salute would come as a further insult to those Australians who fought to destroy the Nazi regime.
'I'm sure that the diggers who sacrificed their lives to defeat the Third Reich would be proud of these bans, as well as the victims and Holocaust survivors. This is a battle between good and evil, and one that we are determined to win. Never Again is now,' he said.
Victoria Police had come out strong after charging Hersant over the alleged salute.
'Police are taking a zero-tolerance approach to any breach of the prohibition on performing Nazi salutes or displaying Nazi symbols in public,' a spokesperson said at the time.
Under the new laws, anyone who displays or performs a Nazi symbol or gesture in public will face penalties of up to $23,000, 12 months' jail or both. The salute is also banned in Tasmania and New South Wales.
Victoria's Police Deputy Commissioner Neil Paterson had warned Victorians not to even think about performing the salute in public.
'If any member of public, including the National Socialist Network attend any of those rallies and undertake a Nazi salute then police will be pursuing those individuals to ensure that we enforce the new law,' Deputy Commissioner Paterson said at the time.
'I'm putting people on notice that if that was to occur, as of today … police will be taking action against those individuals.'
Melbourne