A neo-Nazi who appears to have performed a Nazi salute outside a Melbourne court has presented Victorian authorities with the first test of new legislation outlawing the anti-Semitic gesture.
Warning: This story contains references to racist and sexist language and offensive images.
Jacob Hersant stood in front of news cameras outside the Victorian County Court on Friday and said “heil Hitler” and raised his right arm about a 90-degree angle from his shoulder, before taking it down swiftly.
“Oh, nearly did it, it’s illegal now isn’t it,” Mr Hersant said.
As he walked away with fellow far-right extremist Thomas Sewell, Hersant called out: “Australia for the white man, heil Hitler.”
The two men had just walked from a County Court room after being spared further jail time over an attack on six hikers in regional Victoria in 2021.
Judge Kellie Blair had wished them luck and said she believed the prospects of both men being rehabilitated were good.
Victoria Police released a statement late Friday evening saying they had launched an investigation “following allegations a man performed the Nazi salute and said ‘heil Hitler’ outside a Melbourne court”.
“Police will be taking a zero-tolerance approach to any breach on the prohibition on performing Nazi salutes or displaying Nazi symbols in public,” Victoria Police said.
“We will locate and interview this person in relation to this behaviour.”
The incident is the first time a Nazi salute has been reported to police since the new state legislation came into effect on October 21 outlawing the gesture.
‘Testing the new ban’
Head of civil rights organisation the Anti-Defamation Commission, Dvir Abramovich, said he took Hersant’s arm gesture “personally”.
“These unapologetic neo-Nazis are testing the new ban,” Mr Abramovich said.
Mr Abramovich expressed a strong desire for police to send a strong message in the wake of Victoria’s new anti Nazi salute law.
He also flagged that he would advocate for laws to go further to cover to use of hate speech.
“I have called on the government to look at outlawing the glorification and celebration of Nazism because this movement is dangerous,” he said.
Deakin University expert in political and religious extremism Dr Josh Roose said Hersant made the offensive gesture in a public place and said there would be “very little [legal] wiggle room”.
There are exemptions in the legislation to make allowances for use of the Nazi salute as part of education, artistic purposes and parody, but it didn’t appear Friday’s incident was any of those, he said.
State Liberal MP David Southwick said Hersant’s alleged behaviour was “unacceptable”.
“The only way for people to feel safe from these Nazis is to show that there are consequences when people use such extremist actions,” Mr Southwick said.
State Labor MP Nick Staikos said the Victorian government had done its part.
“We have banned the Nazi swastika and we have also banned the Nazi salute, so this is now a matter for the police,” he said.