Victorian Man Found Guilty Under New Ban on Nazi Salute

A Victorian man, Jacob Hersant, aged 25, has been found guilty of performing the Nazi salute, becoming the first individual charged under the state’s new laws prohibiting such gestures. The verdict was delivered by Magistrate Brett Sonnet at the Melbourne Magistrates Court on Tuesday morning.

Hersant pleaded not guilty to performing the salute on October 27, 2023, just six days after the Victorian legislation came into effect. Prosecutors presented video evidence showing Hersant executing the salute in the presence of journalists and camera crews outside the County Court. Following the gesture, Hersant was recorded making controversial statements, including “Australia for the white man, heil Hitler.”

During the trial, Hersant’s defense argued that the gesture was a legitimate form of political expression and claimed the charge was constitutionally invalid. However, Magistrate Sonnet rejected these arguments, stating that Hersant’s actions were intentional and that he had altered his gesture to evade legal consequences. The court concluded that the salute was closely linked to Nazi ideology, which necessitated protective measures under the law.

Victoria‘s Premier, Jacinta Allan, emphasized the importance of the conviction in demonstrating the state’s commitment to combating hateful actions. “That sort of Nazi salute behaviour is utterly unacceptable,” she stated, reinforcing that the government had taken decisive action against anti-Semitic actions.

After the announcement of the verdict, Hersant expressed his intent to continue using the salute despite its illegality. He is scheduled for a plea hearing at the Melbourne Magistrates Court on Wednesday, where he faces a maximum penalty of 12 months’ imprisonment or a fine exceeding $23,000.

Reactions to the verdict included statements from Dvir Abramovich, Chairman of the Anti-Defamation Commission, who heralded the decision as a “historic and thundering day for justice and decency.” He noted that the ruling reassures minority communities that they need not fear Nazi-related symbolism in their daily lives.

This case follows similar incidents elsewhere in Australia, including charges against individuals in New South Wales for displaying Nazi symbols, which prompted nationwide discussions on the regulation of hate symbols. A federal ban on performing the salute in public is set to be implemented in January 2024.