Former television soap star Damien Patrick Richardson, aged 55, is seeking a diversion program to avoid a criminal conviction following allegations of performing a Nazi salute. The actor, recognised for his roles in Neighbours and McLeod’s Daughters, appeared in the Moorabbin Magistrates Court in Melbourne, supported by his mother. He is charged in connection with an incident that occurred on 14 September 2024 at a restaurant in McKinnon, where he allegedly made the salute while knowing the gesture’s association with Nazi ideology.
During the online court session, presided over by Magistrate Luisa Bazzani, both the defence and prosecution were instructed to attend in person. Richardson’s lawyer, Peter Monagle, indicated that his client is compiling materials for the prosecution in support of his request for diversion. If accepted, this program would spare Richardson a criminal record, although it hinges on the prosecution’s agreement and subsequent recommendation to the magistrate.
Should the prosecution reject the diversion, the case is set to proceed to a three-hour contest mention, where legal disputes around the specifics of the incident will be addressed. Monagle pointed out a notable lack of relevant prior case law, highlighting that past convictions for this offence have been against individuals who openly professed their Nazi affiliations.
In a recent high-profile case, Jacob Hersant became the first person in Victoria to be convicted for performing a Nazi salute in public after doing so in front of cameras shortly after the act was banned. Hersant received a one-month jail term and is currently appealing the ruling.
Monagle requested additional time to gather supporting documents for the diversion plea, including character references and testimonies from four individuals present during the incident. Magistrate Bazzani stated that should the prosecution accept the diversion, the case would proceed for the magistrate’s review. However, if denied, Richardson would have the opportunity to enter a plea and request a sentencing indication.
Richardson, who last appeared in court on summons, is scheduled for his next court appearance on 15 July. He played the character Gary Canning in Neighbours from 2014 to 2020 and has also featured in shows such as Blue Heelers and Wentworth. The actor retired from acting in 2021 and attempted to enter politics in the 2022 federal and state elections, though these efforts were unsuccessful.