‘Scientific': Actor to fight Nazi salute charge on mathematics of arm angle

News.com.au

2 days ago

An Australian actor will challenge what exactly constitutes a Nazi salute as he fights a criminal accusation levelled against him.
Damien Richardson's lawyer said what exactly equalled a Nazi salute was 'scientific' and 'mathematical', including the gesture-maker's arm angle and finger arrangement.
Mr Richardson, an actor from some of Australia's most successful serial dramas, appeared in the Moorabbin Magistrates' Court on Tuesday.
He will challenge the definitions of the Nazi salute-banning laws, which took effect in Victoria in late 2023.
'It's a single issue as to the interpretation of the law,' defence lawyer Peter Monagle said in court.
'There seems to be some sort of mathematical formula about the arm and whether the fingers are together.'
In court on Tuesday, the charge was also amended. Mr Richardson is now charged with did intentionally perform a Nazi gesture by performing a Nazi salute, or a gesture that so resembles a Nazi salute, that it is likely to be confused with or mistaken for a Nazi salute whilst knowing that the gesture is a Nazi gesture and the performance of the gesture occurred in a public place.
The case has been scheduled for a two-day contested hearing in November when the prosecution will look to call an expert on what constitutes a Nazi salute.
Mr Richardson and his lawyer asked for a sentencing indication from the magistrate this week, which was refused. The police also refused a push for a diversion sentence, which would have meant Mr Richardson avoided a conviction.
Mr Monagle also raised the case of Victoria's first Nazi salute conviction – an act Jacob Hersant committed in front of media – when discussing a sentence indication. Hersant is appealing.
Mr Monagle also said that a Victoria Police sergeant was not charged for making the salute 'at the police academy two days in a row', though the defence lawyer quickly retracted the statement when magistrate Luisa Bizzani cut him off.
'It was a gesture that was made without thought to what the ramifications could be,' Mr Monagle said of his client's alleged act.
Ms Bizzani also rebuffed this point, saying Mr Richardson's statement to police showed he 'knew he could be fined or jailed'.
Prosecution lawyer Nicholas La Mattina said the defence conceded 'it was a Nazi gesture but not a Nazi salute'.
The court was told the event at which Mr Richardson allegedly committed the act was livestreamed, and the two-hour recording would be played at the November court date.
Another person spoke at the event, and Mr Richardson's lawyer wants the other speaker's section cut from the evidential video so as not to prejudice his case.
Outside court, Mr Richardson declined to comment to NewsWire. Mr Monagle reiterated his point about what constitutes a salute.
'I didn't know there were scientific facts involved in this, but we'll see what he says' the lawyer said, referencing the prosecution expert.
Mr Richardson had a recurring role on Australian television show Neighbours from 2014 to 2020.
He also acted in Blue Heelers, McLeod's Daughters and Wentworth.
Without an acting credit to his name since 2021, Mr Richardson unsuccessfully ran for politics in 2022. At the state election that year, he ran for the right-wing Freedom Party. He contested a federal senate seat as an independent.
In 2023, the Victorian government criminalised Nazi symbols and gestures. The ban took effect in October of that year.
Displaying the Nazi swastika was already illegal before the new laws, but the reform banned further symbols, including the salute.
Hersant, a Victorian neo-Nazi, performed the salute on courthouse steps in front of media cameras less than a week after the laws took effect. He was sentenced to a month in prison but is appealing.