The first person charged with performing the Nazi salute in Victoria will face a two-day contested hearing where experts in Nazi ideology are expected to give evidence.
Jacob Hersant, 25, appeared in Melbourne Magistrates Court on Thursday morning when he pleaded not guilty to the charge.
He is accused of performing the salute outside the County Court in October 2023, about six days after Victorian laws banning the gesture came into effect.
Hersant’s lawyer Timothy Smartt told the court they would argue the offence was constitutionally invalid as the Nazi salute was a legitimate form of political expression.
The police informant and the cameraman who captured Hersant allegedly performing the salute have already been listed as witnesses, prosecutor Julia Watson said.
But Magistrate Brett Sonnet said he also needed to hear from historians or academics who were experts in the Nazi regime.
The magistrate indicated there should be evidence about the Nazi ideology and political structures if he was required to rule on whether it was a legitimate form of political expression.
Victoria’s attorney-general will also be a party in the case, which has been set aside for a two-day contested hearing in Melbourne Magistrates Court in September.
Smartt indicated attorneys-general in all states and territories have been notified, as is required.
NSW and the Commonwealth are the only other parties considering their position in the matter.
