Neo-Nazi learns fate over banned salute

A Melbourne neo-Nazi who became the first Victorian convicted under new laws banning the public display of Nazi salutes has learnt his fate.

Jacob Hersant, 25, returned before the Melbourne Magistrates’ Court on Friday morning as magistrate Brett Sonnet sentenced him to one month imprisonment.

Seated next to his mother, Hersant appeared calm with his arm stretched out over two seats. Two court security officers were seated at the rear of the court next to the door.

His lawyer, Tim Smartt, immediately jumped to his feet and said there was going to be an appeal.

Hersant was led from the courtroom by custody officers and returned half an hour later when he was granted appeal bail.

He is expected to walk free from custody by midday.

The self-described Nazi will be required to remain in Australia, not contact prosecution witnesses, reside at a specified address and not commit any further offences until the appeal is held.

Mr Sonnet noted it could be “a long time” until an appeal can be heard given Hersant planned to challenge his conviction.

Hersant performed the gesture in front of journalists and news cameras outside the Victorian County Court in October last year just days after the Victorian parliament enacted the Nazi Salute Prohibition Bill.

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 outside court.

“Australia for the white man, heil Hitler.”

The incident came minutes after Hersant had just escaped further jail time on a violent disorder charge after a group of 25 men, mostly masked, attacked a group of hikers at the Cathedral Ranges State Park on May 8, 2021.

Through his lawyer Mr Smartt, Hersant argued that he had not performed the Nazi gesture and, if he had, the law was invalid because it was legitimate 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 told the court that he was not to punish Hersant for his “extreme and unpopular” political views.

“He’s entitled to hold those no matter how unpalatable or offensive they are to others,” he said.

“What he is being punished for is the breach of the law.”

The offence carries a maximum penalty of 12 months imprisonment and a $23,000 fine.

Two other Victorians accused of performing the banned salute were in court earlier this week; however their cases were adjourned to December pending the outcome of Hersant’s case.

On Thursday, Victoria Police said it had conducted a “day of action” against the National Socialist Network, raiding five properties and arresting four men.
“Police take a zero-tolerance approach to any acts of prejudice motivated crime,” a spokeswoman said.

Outside court in October, Hersant was unrepentant, saying he will continue to perform the salute because “I am a Nazi”.

He said he would appeal the conviction, arguing the gesture was a legitimate form of political expression.