“Hitler salutes” made by three individuals separately during the 2022 Australia Cup soccer final may not have had links to Nazi Germany, a magistrate has heard.
Three men have been charged after allegedly performing the salutes at Parramatta’s CommBank Stadium on October 1, 2022, during a match between Sydney United 58 and Macarthur FC.
Nikola Marko Gasparovic, 46, Dominik Sieben, 25, and Marijan Lisica, 45, attended Parramatta Local Court on Monday, each charged with one count of publicly displaying a Nazi symbol without reasonable excuse.
Police prosecutor Sergeant Jarrod Imlay told the court the three men of Croatian heritage did not know each other, were sitting in different areas of the stadium and made the salutes separately.
“He’s alleged to perform a Nazi or Hitler salute numerous times,” he told Magistrate Joy Boulos about the claims against Lisica.
The men’s actions were intentional and deliberate, he said.
The key issue in the case is whether the salute performed was actually a Nazi symbol.
This was not defined in the “novel” legislation introduced in August 2022, Imlay said.
Lisica attended the stadium wearing army camouflage gear, Gasparovic brought a World War II-era flag, and Sieben wore the Croatian flag draped across his shoulders like a cape, the court heard.
The three men were allegedly captured performing the salute both on the stadium’s CCTV footage and by Network Ten’s cameras broadcasting the game, he said.
All three gave interviews to police captured on body-worn cameras, Boulos heard.
“(Gasparovic) acknowledges doing an action but denies any association with Nazism,” Imlay said.
The court has been given expert evidence about how Nazi symbols including the “Hitler salute” are linked to Croatian nationalism and used by far-right extremists.
Sieben’s barrister unsuccessfully tried to have his client’s case heard separately from the others, arguing the 25-year-old did not attend the match with any clothing or gear connected with World War II or the military.
“The case of Mr Sieben is a weak case compared to the cases against the others,” he told the court.
Dr Kristy Campion, senior lecturer in terrorism studies from Charles Sturt University, was cross-examined about whether a right-hand palm salute automatically meant Nazis.
She was shown photographs of Roman centurions raising their palms into the air, as well as children giving what’s known as the Bellamy salute which was historically used by US students giving the Pledge of Allegiance.
