Jacob Hersant: First man charged after Victoria banned Nazi salute found guilty

The first man charged after Victoria banned public Nazi salutes has been found guilty after a court tossed out his argument the law was constitutionally invalid.

Jacob Hersant, 25, was charged with performing the banned gesture in October last year just days after the state outlawed the public demonstration.

The young father had attended the County Court for an unrelated criminal matter on October 27, throwing his arm up in front of media and saying: “Australia for the white man, heil Hitler.”

The footage, which was played in court, showed Hersant raising his right arm at about a 90-degree angle before quickly pulling it down.

“Oh, nearly did it, it’s illegal now isn’t it,” he said.

On Tuesday, Hersant returned before the Melbourne Magistrates’ Court supported by his mother where magistrate Brett Sonnet found him guilty of the salute.

The court was told Hersant’s lawyer, Tim Smart, had disputed that his client actually performed a Nazi salute and raised a secondary argument that the law was invalid.

He argued the law infringed the implied right for free political communication.

Both arguments were struck down by Mr Sonnet who found Hersant intentionally performed the salute and the purpose of the law, to protect minority groups, did not manifestly outweigh the impact on political communication.

“In short the act captured plainly demonstrates the gesture so clearly resembling a Nazi salute,” he said.

“As a result your client has been found guilty.”

Mr Sonnet only read out a brief summary of his 184 page judgement, which he said would be published online later this week.

Hersant will return to court on Wednesday for a plea hearing and faces a maximum penalty of 12 months imprisonment and a $23,000 fine.

Outside of court, Hersant was unrepentant, saying people can be offended by his actions but he has a “right to express myself politically”.

“I don’t feel shame for giving a political salute because those are my beliefs,” he said.

“I do give the Nazi salute and I am a Nazi.”

Hersant told media he was not worried about the prospect of jail, saying if he had to “suffer” for his cause he was willing.

But he also flagged he may appeal the ruling.

I continue to be a national socialist, I’ll continue to give the salute but hopefully police officers don’t see it,” he said.

Anti-Defamation Commission chairman Dr Dvir Abramovich, who campaigned for criminal penalties for the Nazi salute, hailed the judgement as a “historic and thundering day for justice and decency”.

This verdict is a blow to the solar plexus of a resurgent and dangerous neo-Nazi movement in Australia,” he said.

“The Magistrate’s Court has sent the unmistakable message that the Nazi salute must never return to our streets, and this decision means that no one in this state should have to live in fear of seeing this expression of absolute inhumanity.”