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9 News
a day ago
- Entertainment
- 9 News
Actor may question 'mathematical formula' of Nazi salute in court case
Your web browser is no longer supported. To improve your experience update it here Former television soap star Damien Richardson may question the "mathematical formula" of a Nazi salute as he fights charges in court. The former Neighbours and McLeod's Daughters actor, 55, faced Moorabbin Magistrates Court today accompanied by his mother. He is charged with performing a Nazi salute at a restaurant in Melbourne's south-east in September 2024. Neighbours star Damien Richardson is the subject of a police investigation after he was recorded allegedly performing the Nazi salute. (Supplied) Richardson had asked police to consider offering him a diversion at a hearing in June, to spare him a criminal conviction, but this was rejected, the court was told today. He has been charged with intentionally performing "a Nazi gesture whilst knowing that the symbol is associated with Nazi ideology" and that "the display "occurred in a public place, at Urban St restaurant in McKinnon. Prosecutor Nicholas La Mattina applied to change the wording of the single charge, to remove "symbol" and "display". He also asked the magistrate to insert the words "Nazi salute" into the charge, and that it "is likely to be confused with or mistaken for a Nazi salute, whilst knowing the Nazi salute is a Nazi gesture". Magistrate Luisa Bazzani approved of the changed wording and ordered the matter be set down for a two-day contested hearing. She said there were two issues: whether Richardson performed a Nazi gesture or salute; and whether he could be exempt under the Act as performing out of "genuine artistic purpose". "What's conceded is the gesture Mr Richardson performed was a Nazi gesture, but not specifically a Nazi salute," La Mattina said. Damien Richardson as Tom Braiden on McLeod's Daughters. (Nine) Defence lawyer Peter Monagle said his client claimed "it was a gesture which was made without thought as to what ramifications there may be". However, Bazzani said Richardson had referred to the fact he may be fined or jailed, while he was performing the gesture. La Mattina said he may potentially call an expert on "what constitutes a Nazi salute" to give evidence to the hearing but flagged he needed further instructions before confirming this. If called, Monagle said he would cross-examine that witness on the "mathematical formula" of what constitutes a Nazi salute, including how high an arm must be raised and the position of fingers. "We would spend extensive time if an expert was called in regards to that," the defence lawyer said. A two-hour live stream of the incident may be played at the contested hearing, but Monagle said he would ask the court to not allow evidence of another speaker at the event. "What he said would be prejudicial to my client's case," he said. Richardson, who is facing a fine of up to $23,000 or 12 months in jail, will return to the court for a contested hearing on November 5 and 6. The first Victorian convicted of performing a Nazi salute in public was Jacob Hersant, a far-right extremist who was handed a one-month jail term but freed on bail pending an appeal. courts celebrities NAZI crime national Australia CONTACT US
The Advertiser
a day ago
- Entertainment
- The Advertiser
Nazi salute 'maths' may be raised in actor's court case
Former television soap star Damien Richardson may question the "mathematical formula" of a Nazi salute as he fights charges in court. The former Neighbours and McLeod's Daughters actor, 55, faced Moorabbin Magistrates Court on Tuesday accompanied by his mother. He is charged with performing a Nazi salute at a restaurant in Melbourne's southeast in September 2024. Richardson had asked police to consider offering him a diversion at a hearing in June, to spare him a criminal conviction, but this was rejected, the court was told on Tuesday. He has been charged with intentionally performing "a Nazi gesture whilst knowing that the symbol is associated with Nazi ideology" and that "the display "occurred in a public place, at Urban St restaurant in McKinnon. Prosecutor Nicholas La Mattina applied to change the wording of the single charge, to remove "symbol" and "display". He also asked the magistrate to insert the words "Nazi salute" into the charge, and that it "is likely to be confused with or mistaken for a Nazi salute, whilst knowing the Nazi salute is a Nazi gesture". Magistrate Luisa Bazzani approved of the changed wording and ordered the matter be set down for a two-day contested hearing. She said there were two issues; whether Richardson performed a Nazi gesture or salute and whether he could be exempt under the Act as performing out of "genuine artistic purpose". "What's conceded is the gesture Mr Richardson performed was a Nazi gesture, but not specifically a Nazi salute," Mr La Mattina said. Defence lawyer Peter Monagle said his client claimed "it was a gesture which was made without thought as to what ramifications there may be". However, Ms Bazzani said Richardson had referred to the fact he may be fined or jailed, while he was performing the gesture. Mr La Mattina said he may potentially call an expert on "what constitutes a Nazi salute" to give evidence to the hearing but flagged he needed further instructions before confirming this. If called, Mr Monagle said he would cross-examine that witness on the "mathematical formula" of what constitutes a Nazi salute, including how high an arm must be raised and the position of fingers. "We would spend extensive time if an expert was called in regards to that," the defence lawyer said. A two-hour live stream of the incident may be played at the contested hearing, but Mr Monagle said he would ask the court to not allow evidence of another speaker at the event. "What he said would be prejudicial to my client's case," he said. Richardson, who is facing a fine of up to $23,000 or 12 months in jail, will return to the court for a contested hearing on November 5 and 6. The first Victorian convicted of performing a Nazi salute in public was Jacob Hersant, a far-right extremist who was handed a one-month jail term but freed on bail pending an appeal. Former television soap star Damien Richardson may question the "mathematical formula" of a Nazi salute as he fights charges in court. The former Neighbours and McLeod's Daughters actor, 55, faced Moorabbin Magistrates Court on Tuesday accompanied by his mother. He is charged with performing a Nazi salute at a restaurant in Melbourne's southeast in September 2024. Richardson had asked police to consider offering him a diversion at a hearing in June, to spare him a criminal conviction, but this was rejected, the court was told on Tuesday. He has been charged with intentionally performing "a Nazi gesture whilst knowing that the symbol is associated with Nazi ideology" and that "the display "occurred in a public place, at Urban St restaurant in McKinnon. Prosecutor Nicholas La Mattina applied to change the wording of the single charge, to remove "symbol" and "display". He also asked the magistrate to insert the words "Nazi salute" into the charge, and that it "is likely to be confused with or mistaken for a Nazi salute, whilst knowing the Nazi salute is a Nazi gesture". Magistrate Luisa Bazzani approved of the changed wording and ordered the matter be set down for a two-day contested hearing. She said there were two issues; whether Richardson performed a Nazi gesture or salute and whether he could be exempt under the Act as performing out of "genuine artistic purpose". "What's conceded is the gesture Mr Richardson performed was a Nazi gesture, but not specifically a Nazi salute," Mr La Mattina said. Defence lawyer Peter Monagle said his client claimed "it was a gesture which was made without thought as to what ramifications there may be". However, Ms Bazzani said Richardson had referred to the fact he may be fined or jailed, while he was performing the gesture. Mr La Mattina said he may potentially call an expert on "what constitutes a Nazi salute" to give evidence to the hearing but flagged he needed further instructions before confirming this. If called, Mr Monagle said he would cross-examine that witness on the "mathematical formula" of what constitutes a Nazi salute, including how high an arm must be raised and the position of fingers. "We would spend extensive time if an expert was called in regards to that," the defence lawyer said. A two-hour live stream of the incident may be played at the contested hearing, but Mr Monagle said he would ask the court to not allow evidence of another speaker at the event. "What he said would be prejudicial to my client's case," he said. Richardson, who is facing a fine of up to $23,000 or 12 months in jail, will return to the court for a contested hearing on November 5 and 6. The first Victorian convicted of performing a Nazi salute in public was Jacob Hersant, a far-right extremist who was handed a one-month jail term but freed on bail pending an appeal. Former television soap star Damien Richardson may question the "mathematical formula" of a Nazi salute as he fights charges in court. The former Neighbours and McLeod's Daughters actor, 55, faced Moorabbin Magistrates Court on Tuesday accompanied by his mother. He is charged with performing a Nazi salute at a restaurant in Melbourne's southeast in September 2024. Richardson had asked police to consider offering him a diversion at a hearing in June, to spare him a criminal conviction, but this was rejected, the court was told on Tuesday. He has been charged with intentionally performing "a Nazi gesture whilst knowing that the symbol is associated with Nazi ideology" and that "the display "occurred in a public place, at Urban St restaurant in McKinnon. Prosecutor Nicholas La Mattina applied to change the wording of the single charge, to remove "symbol" and "display". He also asked the magistrate to insert the words "Nazi salute" into the charge, and that it "is likely to be confused with or mistaken for a Nazi salute, whilst knowing the Nazi salute is a Nazi gesture". Magistrate Luisa Bazzani approved of the changed wording and ordered the matter be set down for a two-day contested hearing. She said there were two issues; whether Richardson performed a Nazi gesture or salute and whether he could be exempt under the Act as performing out of "genuine artistic purpose". "What's conceded is the gesture Mr Richardson performed was a Nazi gesture, but not specifically a Nazi salute," Mr La Mattina said. Defence lawyer Peter Monagle said his client claimed "it was a gesture which was made without thought as to what ramifications there may be". However, Ms Bazzani said Richardson had referred to the fact he may be fined or jailed, while he was performing the gesture. Mr La Mattina said he may potentially call an expert on "what constitutes a Nazi salute" to give evidence to the hearing but flagged he needed further instructions before confirming this. If called, Mr Monagle said he would cross-examine that witness on the "mathematical formula" of what constitutes a Nazi salute, including how high an arm must be raised and the position of fingers. "We would spend extensive time if an expert was called in regards to that," the defence lawyer said. A two-hour live stream of the incident may be played at the contested hearing, but Mr Monagle said he would ask the court to not allow evidence of another speaker at the event. "What he said would be prejudicial to my client's case," he said. Richardson, who is facing a fine of up to $23,000 or 12 months in jail, will return to the court for a contested hearing on November 5 and 6. The first Victorian convicted of performing a Nazi salute in public was Jacob Hersant, a far-right extremist who was handed a one-month jail term but freed on bail pending an appeal. Former television soap star Damien Richardson may question the "mathematical formula" of a Nazi salute as he fights charges in court. The former Neighbours and McLeod's Daughters actor, 55, faced Moorabbin Magistrates Court on Tuesday accompanied by his mother. He is charged with performing a Nazi salute at a restaurant in Melbourne's southeast in September 2024. Richardson had asked police to consider offering him a diversion at a hearing in June, to spare him a criminal conviction, but this was rejected, the court was told on Tuesday. He has been charged with intentionally performing "a Nazi gesture whilst knowing that the symbol is associated with Nazi ideology" and that "the display "occurred in a public place, at Urban St restaurant in McKinnon. Prosecutor Nicholas La Mattina applied to change the wording of the single charge, to remove "symbol" and "display". He also asked the magistrate to insert the words "Nazi salute" into the charge, and that it "is likely to be confused with or mistaken for a Nazi salute, whilst knowing the Nazi salute is a Nazi gesture". Magistrate Luisa Bazzani approved of the changed wording and ordered the matter be set down for a two-day contested hearing. She said there were two issues; whether Richardson performed a Nazi gesture or salute and whether he could be exempt under the Act as performing out of "genuine artistic purpose". "What's conceded is the gesture Mr Richardson performed was a Nazi gesture, but not specifically a Nazi salute," Mr La Mattina said. Defence lawyer Peter Monagle said his client claimed "it was a gesture which was made without thought as to what ramifications there may be". However, Ms Bazzani said Richardson had referred to the fact he may be fined or jailed, while he was performing the gesture. Mr La Mattina said he may potentially call an expert on "what constitutes a Nazi salute" to give evidence to the hearing but flagged he needed further instructions before confirming this. If called, Mr Monagle said he would cross-examine that witness on the "mathematical formula" of what constitutes a Nazi salute, including how high an arm must be raised and the position of fingers. "We would spend extensive time if an expert was called in regards to that," the defence lawyer said. A two-hour live stream of the incident may be played at the contested hearing, but Mr Monagle said he would ask the court to not allow evidence of another speaker at the event. "What he said would be prejudicial to my client's case," he said. Richardson, who is facing a fine of up to $23,000 or 12 months in jail, will return to the court for a contested hearing on November 5 and 6. The first Victorian convicted of performing a Nazi salute in public was Jacob Hersant, a far-right extremist who was handed a one-month jail term but freed on bail pending an appeal.
News.com.au
a day ago
- Entertainment
- News.com.au
‘Scientific': Actor to fight Nazi salute charge on mathematics of arm angle
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.
News.com.au
22-04-2025
- Entertainment
- News.com.au
Damien Richardson: Neighbours actor turned political activist in court over alleged banned Nazi gesture
A former well-known Aussie actor turned political activist has been targeted in a poster campaign after he was accused of performing a banned Nazi gesture, a court has been told. Damien Richardson, 55, appeared in the Moorabbin Magistrates' Court on Tuesday for the first time after police laid the charge last December. It's alleged Mr Richardson performed a Nazi gesture while speaking at an event hosted by the National Workers Alliance at a restaurant in McKinnon on September 14. In footage of the alleged act, Mr Richardson can be heard saying; 'am I allowed to do that or am I going to be fined now?' 'This is absurd, this is insane, this is crazy.' The National Workers Alliance bills itself as an organisation working for the 'preservation of western culture and identity'. Mr Richardson's lawyer, Peter Monagle, told the court paperwork had been filed identifying issues in the prosecution case disputed by Mr Richardson. Requesting his client's address be redacted from court documents released to the media, Mr Monagle told the court there had been posters placed near Mr Richardson's home. 'There has been a concerted effort, Your Honour, to get Mr Richardson to feel shame … by some in that area,' he said. The matter was adjourned until June 20 by Magistrate Angela Bolger. Responding on social media after his charges made headlines last December, Mr Richardson said the 'mockingbird media came after me because I defended White Australia'. 'I haven't been charged with doing a 'Nazi Salute' contrary to the MSM recent feeding frenzy. Even the police in their 'wisdom' stopped short of making such a plaintively false accusation,' he said. 'However, in its stead, I have been charged with something far more Orwellian, opaque and sinister. The contortion of language involved is extraordinary. I'll leave it to my legal team to try to explain it to me.' The former soap star, known for his work on Neighbours, McLeods Daughters and Blue Heelers among other roles in Australian TV shows and movies, twice ran for political office after retiring from acting in 2021. As a candidate for the Freedom Party, Mr Richardson unsuccessful campaigned at both the Victorian and Federal elections in 2022. Since then he has embarked on a career as an alt-right speaker and podcaster, claiming he is being persecuted as a scapegoat by the government after opposing vaccine mandates and lockdowns. In October 2023, laws passed by the Victorian parliament came into force criminalising the public display of Nazi symbols and gestures through the Nazi Salute Prohibition Bill. The offence carries a maximum penalty of 12 months imprisonment and a $23,000 fine. Several people have been charged with performing the banned gesture since the laws came into effect, including self-described neo-Nazi Jacob Hersant. In November, Hersant became the first person convicted and was sentenced to one month jail but was freed on bail and plans to appeal the conviction.
