Overview
- Magistrate Justin Foster ruled the motion was likely to be confused with a Nazi salute and occurred in a public place.
- The court rejected claims of an artistic or theatrical purpose, finding the speech at a licensed venue did not qualify for an exemption.
- The magistrate said the act did not display loyalty or obedience to Nazism, describing it as a mocking gesture directed at The Age or at himself.
- Video from the September 14, 2024 National Workers Alliance event and expert evidence from Holocaust historian Konrad Kwiet underpinned the finding.
- A pre-sentence hearing is set for December 4 under laws carrying maximum penalties of a $23,000 fine or 12 months in jail.