A prominent nationalist activist has spoken out against political policing as he and three others fight charges for allegedly booing a “welcome to country” performance at an Anzac Day dawn service.
Jacob Hersant told reporters outside Melbourne Magistrates Court on Tuesday that he didn’t think the criminal justice system should be used to prosecute people with unorthodox political views, and said he believed no Australian should be jailed for expressing themselves politically.
Hersant, who spent a month behind bars earlier this year for making Nazi salute, could be jailed again for up to three months if convicted of “offensive behaviour” for allegedly booing professional aboriginal Mark Brown at the the Shrine of Remembrance last year.
Nationalist activist Jacob Hersant speaks to the media outside court where he and three others are being prosecuted for allegedly booing during the “welcome to country” at an Anzac Day Dawn Service last year.
“No one should be jailed for expressing their political views” pic.twitter.com/wQofXRkn6M
— The Noticer (@NoticerNews) May 5, 2026
The former leader of the now-disbanded National Socialist Network is representing himself at a five-day contested hearing along with fellow activists Nathan Bull and Michael Nelson, while a fourth man, Ian Lomax, has legal representation.
All four have pleaded not guilty to behaving in an offensive manner, offending against decency at the Shrine, and taking part in a disturbance within the Shrine.
Mr Brown, a far-left anti-Australian activist who said US conservative activist Charlie Kirk “deserved” his murder, was booed again during his “welcome to country” last month, and there were similar scenes in Sydney, Perth and Adelaide, sparking a review of the unpopular recent addition to Anzac Day services.
“I don’t think the criminal justice system should be used to enforce political orthodoxy on the population, I think this trial itself is a disgrace, we’re supposed to live in a liberal democracy, but every day it’s proven through trials like this that we don’t live in a liberal democracy,” Mr Hersant said.
“If you go against the system you’re going to be dragged before the courts, and I’ve even been imprisoned, I’ve been put in solitary confinement for a month because I gave a political gesture.”
When a 9News reporter responded by telling him he was convicted for “breaking the law”, Mr Hersant said: “Yeah, and that’s what I think is unjust, I think it’s immoral to put someone in jail for their political views, and expressing their political views. It may be against the law, I disagree with those laws, I think they’re immoral.”
“How do you feel about the veteran in there today who was upset, visibly upset, by what happened at the dawn service, how do you feel about that?” the reporter then asked.
“Well he’s entitled to be offended, but there is a plurality of views in the population and in the Defence Force. Some people do not like the ‘welcome to country’, some people do like the ‘welcome to country’, the point of a liberal democracy is that people can express their point of view and disagree without being dragged to the courts and being imprisoned for their point of view,” Mr Hersant replied.
“Shouldn’t people be able to go to a public event and feel safe, and feel part of it, rather than feeling under threat, as the mother who was there today said she felt scared for her children,” the journalist asked.
“I don’t think safety is the highest value, I think that being able to express yourself politically is more important than some people feeling offended or perhaps feeling intimidated or things like that,” Mr Hersant said.
“What are they feeling scared about? Booing? Do children feel scared about booing at the football, or example? Why are they scared? Tell me, why are they scared?
“I was expressing my disagreement with the ‘welcome to country’, as the defence lawyer produced, 50% of the country agrees with me.”
When told that “50% of the country doesn’t interrupt the dawn service”, Mr Hersant gestured towards the court and said: “They didn’t because they’re scared of being prosecuted and jailed, that’s the very issue.”
“I don’t want to go to jail, especially for something I don’t think anyone should jailed for, no one should be jailed for their political views and expressing their political views.”
A poll conducted by centre-right think tank the Institute of Public Affairs following last month’s booing found that 49% of responded wanted “welcome to country” ceremonies removed from Anzac Day services, with only 31% in favour of keeping them, and a large online poll last year found 70% of Australians want them “completely stopped”.
Header image: Left, speaking to the media (supplied). Right, during the alleged booing (Sky News Australia).
