Anthony Raymond Mitchell, aged 33, was observed executing a Nazi salute and goose-stepping alongside two colleagues near the Sydney Jewish Museum in October 2023. This incident occurred shortly after Hamas militants killed 1,200 Israelis, escalating the ongoing conflict in Gaza.
While on their lunch break, the construction workers were seen on CCTV performing the gestures. When questioned by police, Mitchell claimed his actions were inspired by a Netflix performance, suggesting that those unfamiliar with the relevant skit by Ricky Gervais might misinterpret his intentions. He and his colleagues asserted that their actions were intended as jokes, but they were subsequently found guilty of offensive behaviour and displaying Nazi symbols without justifiable reasoning by a magistrate.
The case examined new laws introduced by the New South Wales Parliament in 2022, which forbid the display of Nazi symbols, punishable by up to 12 months in jail or fines of up to $11,000. During an appeal in the District Court, the lawyers for the trio contended that their actions should not be classified as displaying a Nazi symbol, but Judge Craig Smith dismissed this argument, affirming the earlier decision.
In court, Judge Smith highlighted that their gestures were immediately identifiable with the Nazi regime and had no reasonable justification for their performance outside the museum. Although the law permits the use of Nazi symbols for educational or artistic purposes, he categorised the men’s actions as devoid of such context.
Mitchell’s co-worker Daniel Muston’s lawyer argued that the actions were fleeting and unpremeditated, stating there was no underlying Nazi ideology. Muston had subsequently completed a museum tour to better understand Jewish history and culture. While accepting that the men did not endorse Nazi ideologies, Judge Smith upheld the magistrate’s guilty findings for Muston and Ryan Peter Marshall, 31. However, Mitchell’s conviction was overturned, as the judge found he was unaware of his location in relation to the Jewish museum.
Mitchell received a nine-month good behaviour bond instead of a conviction, while Muston’s fine was reduced from $1,000 to $500, which Judge Smith deemed excessive. Marshall, identified as the primary instigator, retained his original fine of $1,500.
This ruling follows previous incidents, including arrests for displaying Nazi symbols nearby and the imprisonment of a far-right extremist in Melbourne the prior November.