A leading white nationalist has distanced himself from the nation's most vocal neo-Nazi organisation in a bid to be bailed over a call to "rhetorically rape" a federal politician.
Joel Davis, 30, claims he was employing a "philosophical term of art" when he allegedly issued an edict to other neo-Nazis about independent Wentworth MP Allegra Spender.
Spender had condemned the National Socialist Network (NSN) for holding a police-authorised rally outside the NSW parliament in November.
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Davis - a key Sydney ally of NSN leader Thomas Sewell - was charged in November over a post prosecutors argue encouraged hate and abuse towards the parliamentarian.
In court today, he pointed to the NSN voluntarily dissolving this week ahead of new federal legislation to prescribe hate groups.
"I'm no longer a member, and I never will be a member," Davis told the Downing Centre Local Court.
"If they hadn't (disbanded), I would have left anyway in anticipation of the new legislation.
"That chapter is now closed."
He was not asked about whether he maintains the views held by the group.
Davis told a court his lack of membership was a significant change in circumstances that should favour him being granted bail after spending nearly two months behind bars on remand.
The 30-year-old needs to be released to help his partner with family duties and to attend a program aimed at helping him make better choices, his lawyer Sebastian De Brennan told the court.
While unsavoury and unpalatable, the alleged tweet was not reason enough to hold Davis on remand for months, the lawyer argued.
"(Rhetorical rape) is a philosophical term of art connoting robust debate," De Brennan said.
"A reasonable inference would be ... Davis was not encouraging or inciting anyone to embark on what might be construed as real rape."
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But the crown prosecutor argued the social media post went beyond the academic to incite Davis' followers, some of whom interpreted the words as meaning literal rape.
"It wasn't a spur of the moment ... response (in) anger. I would suggest it was a careful, political phrase," the prosecutor said.
Davis was on bail for charges related to hate symbols in South Australia at the time of the tweet, the court was told.
The magistrate dismissed his application, noting Davis's failure to show a significant change in circumstances, required after a previous bail refusal.
Davis has been knocked back for bail three times in as many months.
He is charged with using a carriage service to menace, harass or offend.
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