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‘Radical': Neo-Nazi's next court move
‘Radical': Neo-Nazi's next court move

Perth Now

timea day ago

  • Politics
  • Perth Now

‘Radical': Neo-Nazi's next court move

A notorious Australian neo-Nazi who has openly praised Adolf Hitler has indicated he will fight a charge of using a Nazi symbol on constitutional grounds. Joel Davis, a leader in the fascist National Socialist Network, appeared for a pre-trial conference at Adelaide Magistrates Court on Tuesday. He is confronting the allegation that he displayed a Nazi symbol on a belt buckle following an Australia Day protest in the Adelaide CBD this year. His defence lawyer, Matthew Hopkins, appeared via telephone and told the court that he would serve a notice on the Solicitor-General to argue the charge may have breached his client's constitutional rights. 'Mr Hopkins has just advised he has filed with the court a notice pursuant to the Judicature Act with the intention of obtaining a sealed copy, which he will then serve upon the Solicitor-General, as he wishes to argue a constitutional point in relation to the matter,' chief magistrate Mary-Louise Hribal said. Mr Hopkins filed the notice on Tuesday morning. Neo-Nazi Joel Davis has flagged a 'constitutional' fight over the allegation he used a Nazi symbol. NewsWire Credit: News Corp Australia South Australian police arrested and charged 16 people with loitering and displaying Nazi symbols after some 40 men dressed in black stormed the CBD on January 26, chanting 'white man fight back' and singing 'Waltzing Matilda'. Charges against some of the men, including NSN leader Thomas Sewell, have since been withdrawn. A charge against Mr Davis from that day was also withdrawn in May. The neo-Nazis have since claimed they are the victims of political persecution. After a court hearing in April, Mr Hopkins said the alleged offences had impinged on Mr Sewell and Mr Davis's implied constitutional rights to political expression. 'They do intend to form a political party and it would be a radical departure in Australian constitutional jurisprudence for an ideology to be outlawed,' he said at the time. 'And that's really where we are going with this.' Mr Hopkins said the NSN had been 'targeted' by the police and suggested the NSN march was a form of political expression comparable to Survival Day rallies. 'There were numerous demonstrations happening in Adelaide,' he said. 'And it seems to be the case where it is this particular organisation that has been targeted as a special group. 'They were carrying the Australian flag, they were at no stage anywhere near those protests. 'One of them was called anti-Australia Day, one was called Invasion Day. 'You have polarising ideologies here that are in conflict and as part of our constitutional representative government we allow for that, and that is part of the reason why the right to political communication is there, so that there is an outlet for legitimate displays of an ideology.' Mr Davis, speaking outside court in May, also said he would go 'all the way' to the High Court to fight the charge. Ms Hribal said a representative from the Solicitor-General would likely attend Mr Davis's next appearance and indicate their response to the notice. She listed September 23 for the next hearing. Mr Davis and Thomas Sewell are leaders of the fascist NSN group. NewsWire / Luis Enrique Ascui Credit: News Corp Australia Mr Davis is an avowed fascist and has expressed admiration for Hitler. Hitler led the Nazi war machine in the 1930s and 1940s and orchestrated the extermination of some six millions Jews across Europe. At an earlier court appearance, police alleged the NSN was preparing for a 'race war' and hoped to usher in a white supremacist ethnostate. The court was told the men said they wore black outfits to 'represent the ideal of national socialism' and eliminate their individual identities. South Australia's parliament outlawed the display of Nazi symbols or salutes following a sharp and sudden increase in anti-Semitic expression across the country after the terror attack on Israel on October 7, 2023. The law came into effect in December 2024.

Neo Nazi Joel Davis fronts Adelaide court, flags ‘constitutional' fight
Neo Nazi Joel Davis fronts Adelaide court, flags ‘constitutional' fight

News.com.au

timea day ago

  • Politics
  • News.com.au

Neo Nazi Joel Davis fronts Adelaide court, flags ‘constitutional' fight

A notorious Australian neo-Nazi who has openly praised Adolf Hitler has indicated he will fight a charge of using a Nazi symbol on constitutional grounds. Joel Davis, a leader in the fascist National Socialist Network, appeared for a pre-trial conference at Adelaide Magistrates Court on Tuesday. He is confronting the allegation that he displayed a Nazi symbol on a belt buckle following an Australia Day protest in the Adelaide CBD this year. His defence lawyer, Matthew Hopkins, appeared via telephone and told the court that he would serve a notice on the Solicitor-General to argue the charge may have breached his client's constitutional rights. 'Mr Hopkins has just advised he has filed with the court a notice pursuant to the Judicature Act with the intention of obtaining a sealed copy, which he will then serve upon the Solicitor-General, as he wishes to argue a constitutional point in relation to the matter,' chief magistrate Mary-Louise Hribal said. Mr Hopkins filed the notice on Tuesday morning. South Australian police arrested and charged 16 people with loitering and displaying Nazi symbols after some 40 men dressed in black stormed the CBD on January 26, chanting 'white man fight back' and singing 'Waltzing Matilda'. Charges against some of the men, including NSN leader Thomas Sewell, have since been withdrawn. A charge against Mr Davis from that day was also withdrawn in May. The neo-Nazis have since claimed they are the victims of political persecution. After a court hearing in April, Mr Hopkins said the alleged offences had impinged on Mr Sewell and Mr Davis's implied constitutional rights to political expression. 'They do intend to form a political party and it would be a radical departure in Australian constitutional jurisprudence for an ideology to be outlawed,' he said at the time. 'And that's really where we are going with this.' Mr Hopkins said the NSN had been 'targeted' by the police and suggested the NSN march was a form of political expression comparable to Survival Day rallies. 'There were numerous demonstrations happening in Adelaide,' he said. 'And it seems to be the case where it is this particular organisation that has been targeted as a special group. 'They were carrying the Australian flag, they were at no stage anywhere near those protests. 'One of them was called anti-Australia Day, one was called Invasion Day. 'You have polarising ideologies here that are in conflict and as part of our constitutional representative government we allow for that, and that is part of the reason why the right to political communication is there, so that there is an outlet for legitimate displays of an ideology.' Mr Davis, speaking outside court in May, also said he would go 'all the way' to the High Court to fight the charge. Ms Hribal said a representative from the Solicitor-General would likely attend Mr Davis's next appearance and indicate their response to the notice. She listed September 23 for the next hearing. Mr Davis is an avowed fascist and has expressed admiration for Hitler. Hitler led the Nazi war machine in the 1930s and 1940s and orchestrated the extermination of some six millions Jews across Europe. At an earlier court appearance, police alleged the NSN was preparing for a 'race war' and hoped to usher in a white supremacist ethnostate. The court was told the men said they wore black outfits to 'represent the ideal of national socialism' and eliminate their individual identities. South Australia's parliament outlawed the display of Nazi symbols or salutes following a sharp and sudden increase in anti-Semitic expression across the country after the terror attack on Israel on October 7, 2023. The law came into effect in December 2024.

Loitering charge dropped against National Socialist Network member Thomas Sewell
Loitering charge dropped against National Socialist Network member Thomas Sewell

ABC News

time17-07-2025

  • Politics
  • ABC News

Loitering charge dropped against National Socialist Network member Thomas Sewell

A charge has been dropped against National Socialist Network member Thomas Sewell over a march through the Adelaide CBD on Australia Day. Mr Sewell, 32, appeared in the Adelaide Magistrates Court on Thursday, via telephone, where a charge of loitering was dropped by the prosecution. The 32-year-old was among 17 members of a group that was arrested after the march on the Australia Day long weekend this year. He was also previously facing a charge of displaying a Nazi symbol — but that was dropped earlier this year. Defence counsel Matthew Hopkins for Mr Sewell told the court on Thursday that the charge his client had been facing was "appropriately described as selective enforcement" and that he had been part of a "peaceful assembly". "This prosecution is a political prosecution," he said. "The charges were for an improper purpose to disrupt their political activities." Mr Sewell also appeared in court for the first time on a charge of breaching of bail on May 16 at Hindmarsh in Adelaide's western suburbs. His defence counsel flagged with the court he would be requesting the prosecution to pay their legal fees in excess of $2,000. "We haven't had the opportunity to prepare an argument, and we have attempted to negotiate reasonably with the prosecution," he said. The matter will return to court in September for an argument on costs, while the breach of bail matter will return to court next month.

New police twist as neo-Nazi leader has symbol charge dropped in court
New police twist as neo-Nazi leader has symbol charge dropped in court

7NEWS

time29-05-2025

  • 7NEWS

New police twist as neo-Nazi leader has symbol charge dropped in court

National Socialist Network leader Thomas Sewell has had a criminal charge dropped over his neo-Nazi group's Australia Day weekend protest. Melbourne resident Sewell, 31, was among 17 NSN members arrested after marching in Adelaide in January. On Thursday, a charge of using a Nazi symbol was withdrawn in his criminal case in the Adelaide Magistrates Court. Sewell remains charged with one count of loitering. Since the Australia day arrest, Sewell has since claimed that police wanted to kill members of his neo-Nazi group. He has published audio online that allegedly captures SAPOL officers on Australia Day joking about shooting the neo-Nazi group. 'I'm happy to shoot them,' one person said. 'Happy to?' another person asked. 'I'm happy to shoot them' the first person answered. Sewell is scheduled to return to court next week.

Neo-Nazi leader Thomas Sewell has one of his charges dropped in Adelaide court
Neo-Nazi leader Thomas Sewell has one of his charges dropped in Adelaide court

ABC News

time29-05-2025

  • Politics
  • ABC News

Neo-Nazi leader Thomas Sewell has one of his charges dropped in Adelaide court

A charge of using a Nazi symbol has been dropped against National Socialist Network leader Thomas Sewell. Mr Sewell, 31, was among 17 members of a group that was arrested after marching in Adelaide over the Australia Day long weekend. He appeared in the Adelaide Magistrates Court on Thursday, where a charge of using a Nazi symbol was withdrawn. He remains charged with one count of loitering. Mr Sewell previously told the court the arrests were "outright political persecution", and said that a non-contact clause imposed on his bail agreement was "disproportionate". Despite being granted permission to appear in court via phone, he attended in person and outside court said he intended to keep fighting "all the way to the High Court". He is scheduled to return to court next week for a pre-trial conference on the loitering charge. Another member of the group, Joel Thomas Davis, also appeared in person in the Adelaide Magistrates Court. A charge of using a Nazi symbol on Australia Day was withdrawn, while a second count of using a Nazi symbol, which is alleged to have occurred two days later, on January 28, remains. Outside court, he said he felt "vindicated" one of the charges had been withdrawn. He is next scheduled to return to court in July for a pre-trial conference. Earlier this month, Stephen Wells, who was among the group of men arrested during the Australia Day demonstration, had a charge of using a Nazi symbol dropped. The 55-year-old from Broadwater in Western Australia is no longer accused of any offending in relation to the demonstration, after a charge of loitering was withdrawn at an earlier hearing in March. Another of the men, Ethan Hendren, was convicted in his absence and discharged without further penalty for three charges, including using a Nazi symbol. He was ordered to pay a $1,080 victims of crime levy.

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