A man has questioned the chances he'd be jailed for an anti-Semitic tirade at an Australia Day rally, which he concluded with tributes to neo-Nazi leaders.
Brandan Koschel, 31, is accused of breaching newly passed racial hatred incitement laws in remarks to thousands of attendees of the anti-immigration March for Australia rally in Sydney yesterday.
He was arrested shortly after and faced a virtual bail court today, seeking release.
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Police described their case as strong, pointing to Koschel citing the new laws and then allegedly knowingly breaching them seconds later.
The 45-second speech - during which Koschel twice stated Jewish people were the "greatest enemy" - drew cheers from sections of the Moore Park crowd and was live-streamed on YouTube and elsewhere, the court was told.
"The brazen and public incitement towards the Jewish community makes him an unacceptable risk to endanger the community," the police prosecutor said.
Footage showed Koschel wearing a black shirt with a white Celtic cross, a symbol associated with neo-Nazi groups, when giving the speech.
Police alleged he was seen moments earlier standing with people known to be part of or affiliated with the National Socialist Network (NSN), the nation's largest neo-Nazi group.
Open-source information suggested Koschel had also been a member of the group, the court was told.
"Free Joel Davis, heil white Australia, heil Thomas Sewell," Koschel said before leaving the stage, referencing NSN leader Sewell and a Sydney lieutenant charged over a public call for people to "rhetorically rape" federal MP Allegra Spender.
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But the white supremacist group had disbanded in recent weeks, the 31-year-old's lawyer Jasmine Lau said.
"There is no allegation of any affiliations with any active group," she said.
Lau also said it was unlikely Koschel would, if convicted, cross the threshold for receiving jail time.
He had family ties to Sydney, no firearm licence and a limited criminal history including no matters related to hate crimes.
Magistrate Daniel Covington is expected to make a decision later today.
Koschel remained silent for much of the bail hearing, only speaking to confirm his identity and his understanding of procedures.
The NSN announced it would disband a fortnight earlier in anticipation of new federal laws targeting hate groups.
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Davis, a key Sydney ally of NSN leader Thomas Sewell, told a bail hearing on January 15 he was no longer a member and "that chapter is now closed".
He has been held on remand since November over the call for his supporters to "rhetorically rape" Spender, whose east Sydney electorate includes a large Jewish population.
Davis has argued rhetorically rape was a philosophical term of art, not a term to incite some to literally sexually assault the Wentworth MP.
Support is available from the National Sexual Assault, Domestic and Family Violence Counselling Service at 1800RESPECT (1800 737 732).
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