Two men, Thomas Sewell, 33, and Joel Thomas Davis, 29, have been denied a modification of their bail conditions after facing charges related to displaying Nazi symbols during a gathering on Australia Day at the South Australian War Memorial. The magistrate, Luke Davis, indicated a strong likelihood of reoffending and underscored the societal implications of their actions, stating, “their victims are all of us.”
Sewell is accused of loitering and showcasing a Nazi symbol or salute, while Davis faces two counts of displaying Nazi symbols. Both are linked to the National Socialist Network, a group of 17 individuals charged in connection with the event. The implications of their actions are heightened in light of recent laws in South Australia, which came into effect in 2024, stipulating fines of up to $20,000 or imprisonment for public displays of Nazi symbols, including swastikas or Nazi salutes.
In a court hearing in Adelaide, defence attorney Matthew Hopkins argued against the bail conditions, describing a non-association order as excessive and a restriction on their political expression. He suggested that current legislation did not clearly define what constituted Nazi ideology and claimed that the charge had little chance of success. Hopkins also stated that his clients intended to establish a political party.
Prosecutor Phoebe Foster-Richardson countered that the non-association order was essential to curtail co-ordinated activities and maintain public safety, especially with Anzac Day approaching. She pointed out that Sewell continued to express his views and carry out demonstrations despite the bail conditions. The Nazi symbol in question, identified by the four arrows pointing inward, was described as a Nazi symbol, although not a conventional one like a swastika. Foster-Richardson remarked that expert analysis of the symbol would be presented as the case progresses.
The defence’s assertion of a negligible conviction possibility was termed “bold” by the prosecutor, given the early stage of evidence gathering. The magistrate noted the National Socialist Network’s history of orchestrating public demonstrations intended to intimidate and propagate their white supremacist ideology.
Ultimately, Magistrate Davis expressed serious concerns regarding the potential risks these individuals posed, stating, “The victims are all of us here and elsewhere.” Consequently, he refused their request to alter bail conditions and mandated their return for a pre-trial conference scheduled for May 29, ensuring they remained in custody until then.