An Australian actor, Damien Richardson, is set to contest a charge related to a Nazi salute, questioning the legal definitions surrounding the gesture. Richardson appeared in the Moorabbin Magistrates’ Court on Tuesday to address accusations that he intentionally performed a gesture resembling a Nazi salute in a public setting. This charge follows the enactment of new laws in Victoria aimed at criminalizing Nazi symbols and gestures, which took effect in October 2023.
During the court proceedings, Richardson’s attorney, Peter Monagle, argued that the classification of what constitutes a Nazi salute is not merely a matter of interpretation but involves “scientific” and “mathematical” considerations, specifically regarding the angle of the arm and finger positioning. Monagle emphasized that the case hinges on a singular issue: the interpretation of the law. He stated, “There seems to be some sort of mathematical formula about the arm and whether the fingers are together.”
The charge against Richardson has evolved; it now states that he performed a gesture that either directly constitutes a Nazi salute or closely resembles one, while being aware of its implications. The case is scheduled for a two-day contested hearing in November, where the prosecution intends to present expert testimony on the definition of a Nazi salute.
In court, Richardson and Monagle sought a sentencing indication from Magistrate Luisa Bizzani, which was denied. They also requested a diversion sentence that would allow Richardson to avoid a conviction, but this was turned down by law enforcement. Monagle referenced a previous case involving Jacob Hersant, who became Victoria’s first individual convicted for a Nazi salute after being filmed performing the gesture in front of media. Hersant is currently appealing his sentence of one month in prison.
During discussions, Monagle noted that a Victoria Police sergeant was not charged for making the salute during training at the police academy on two consecutive days, a statement he later retracted when interrupted by Magistrate Bizzani. Monagle remarked on the nature of Richardson’s alleged act, suggesting it was performed without consideration of its serious ramifications. Bizzani countered this claim, pointing out that Richardson’s statement to police indicated he understood the potential for legal consequences.
Prosecution lawyer Nicholas La Mattina asserted that the defense had acknowledged the gesture was indeed a Nazi gesture, albeit not officially a Nazi salute. The incident in question was livestreamed, and the court was informed that a two-hour recording of the event would be reviewed during the upcoming hearing. Richardson’s defense is looking to exclude portions of the video that feature another speaker, aiming to prevent any potential bias against his client.
Outside the courtroom, Richardson declined to provide comments to reporters. Monagle reiterated his position regarding the scientific nuances involved in defining a salute, stating, “I didn’t know there were scientific facts involved in this, but we’ll see what he says,” referring to the upcoming expert testimony.
Richardson is known for his roles in popular Australian television series such as Neighbours, Blue Heelers, McLeod’s Daughters, and Wentworth. Since 2021, he has not had any acting credits and attempted to enter politics in 2022. He stood for election with the right-wing Freedom Party in the state elections and also contested a federal senate seat as an independent.
The recent changes in Victoria’s legislation criminalizing Nazi symbols and gestures were implemented to address rising concerns about hate speech and extremism. Prior to this reform, displaying the Nazi swastika was already illegal, but the new laws expanded the scope of prohibited symbols to include gestures.
