Two Australian nationalists will fight charges relating to an alleged protest in Melbourne’s CBD calling for mass deportations, and allegedly offensive Halloween costumes.
National Socialist Network leader Jacob Hersant, 26, and prominent activist Nathan Bull, 24, both appeared in Melbourne Magistrates Court on Tuesday, Mr Hersant in person and Mr Bull by video link.
Mr Hersant is facing a single charge of “offensive behaviour” in relation to a demonstration in Federation Square in July 2024 where he allegedly stood in front of a “mass deportations now” banner with about 45 other NSN members and chanted “Australia for the White man, the rest must go”, and “blood and honour”.
He is facing another 13 similar charges for allegedly wearing Ku Klux Klan Halloween costumes outside a Bunnings Warehouse store on October 31, 2024, and Mr Bull is facing 9 charges over the same alleged incident. Mr Bull is not alleged to have taken part in the July 2024 protest.
Mr Hersant, representing himself, told the court he intended to fight the protest charge on the same grounds that resulted in White Australia leader Thomas Sewell late last year being found not guilty in Ballarat Magistrates Court of the same offence over a near-identical NSN protest.
“It’s the same slogans, the same group, the same type of activism,” Mr Hersant told the court.
But Magistrate Michelle Hodgson said his case would need to be heard on its own specific facts, and that while she could consider the other magistrate’s ruling it could not operate as a precedent.
“So the same conduct can be ruled offensive depending on whether it’s in Ballarat or Melbourne?” Mr Hersant asked.
Ms Hodgson said it would come down to the facts of the matter, and whether the prosecution could prove beyond reasonable doubt that the alleged conduct was offensive.
Mr Hersant also said he intended to contest the charge on the basis that the demonstration was covered by his implied right to political communication under the Constitution, and again highlighted Mr Sewell’s case, in which a magistrate found the slogans and the protest were political and not offensive.
“The only difference in these cases is the accused – that I’m not Thomas Sewell, I’m Jacob Hersant – and the location,” he told the court.
“That’s going to be a matter of evidence,” the magistrate responded, and said as state attorney-generals were yet to respond, the matter may need to proceed on a factual basis, but said any constitutional issues could be identified at the next hearing.
Ms Hodgson ordered the prosecution to provide Mr Hersant with a report from an expert witness about the alleged offensiveness of the slogans, and set a pre-trial mention for April, and two-day contested hearing for May.
The court then heard that both Mr Hersant and Mr Bull had yet to obtain legal representation to contest the “grossly offensive public conduct” Halloween charges, which are punishable by up to five years in jail.
“These are serious matters, and the maximum penalty that can be imposed reflects how seriously the community regards contraventions of these matters, so my suggestion to you is that you seek legal advice as soon as possible,” Ms Hodgson told the accused.
At one point while updating Mr Bull’s personal information the magistrate asked if he was aboriginal or Torres Strait Islander, to which he said: “I’m Australian. I’m indigenous to this country, to this nation.”
“I’ll note ‘not stated or unknown’ in relation to these matters,” Ms Hodgson replied.
The pair will appear in court again over the booing charges in early February.
Both men are also facing separate charges for allegedly booing during a “welcome to country” humiliation ritual on Anzac Day last year.
Header image: Left, the “mass deportations now” protest (Supplied). Mr Hersant and Mr Bull allegedly booing the “welcome to country” on Anzac Day (Sky News).
