First man accused of performing Nazi salute in Victoria fights charge

The first person charged in Victoria with performing a Nazi salute pleaded not guilty on Monday in the Melbourne Magistrates’ Court.

Jacob Hersant, 25, is accused of performing the salute in public six days after it became a criminal offence in the state.

A video played to the court allegedly shows Hersant making the gesture in front of journalists and camera crews outside the County Court on October 27 last year. He is then captured saying, “nearly did it – it’s illegal now”, and, “Australia for the white man, Heil Hitler”, before walking away.

Hersant claims he did not perform the salute and even if he did, the charge is constitutionally invalid as the gesture was a legitimate form of political expression.

Political science expert Professor Katharine Gelber told the court the salute was a form of hate speech that had extremely harmful effects on all minority groups.

Under cross-examination, she said different people might react to situations differently but hate speech caused harm systemically and collectively. Gelber maintained that hate speech, including the Nazi salute, should be regulated by the government.

Hersant’s lawyer, Timothy Smartt, suggested Gelber had let her personal views against Nazism cloud her professional opinion, which she denied.

In the course of Gelber’s evidence, Smartt conceded it was obvious his client held far-right views and said he would not be making any submissions that Hersant protested Nazism.