Not Guilty of Knowingly Display Nazi Symbol

Astor Legal became the first criminal law firm to successfully defend an offence of knowingly display Nazi symbol under Section 93ZA of the Crimes Act 1900 (NSW).

The case was a test of the new NSW anti-hate laws. Police charged our clients after they attended a soccer match.

The two teams playing had passionate fanbases who were antagonising each other throughout the game.

Police alleged that at some stage during the game our clients had displayed Nazi salutes. They arrested both and advised them of the allegations. Both clients participated in interviews with police that went on for some time. They denied making Nazi salutes and suggested the gestures were simply showing pride for their nation and team.

While it would have been preferable that no interview was conducted, on the face of it, both clients had a version of events that could not be challenged.

As a result, police engaged a ‘right-wing terrorism expert’ to bolster their case. In response, we engaged our own cultural expert the explain some of the cultural and historical issues behind the rivalry between the teams and their nations.

At the hearing we were able to exclude large portion of the prosecution expert’s statement on the basis that she did not have the requisite experience or knowledge and to give many of the opinions she was attempting to give.

In closing submissions we referred to the second reading speech of Section 93ZA of the Crimes Act 1900 (NSW) which made clear that there had to be some link to Nazism for the offence to be made out. We argued that the display of hand gestures at a football game, with little else to support a link to Nazism did not do enough to prove the offence beyond reasonable doubt.

In the result, we were found ‘not guilty’ at Parramatta District Court with the charge dismissed.