Man Faces Jail and Business at Risk for Displaying Nazi Gestures and Signs

A Victorian man is facing a jail term after becoming the first person in the state convicted of performing the Nazi salute in public, while the fate of a NSW restaurateur is in question after he was charged with knowingly displaying a Nazi symbol.

In the first case, Jacob Hersant was found guilty earlier this week of intentionally performing the salute on Oct. 27, 2023, about six days after Victorian laws banning the gesture came into effect. Magistrate Brett Sonnet indicated he would give him a “relatively modest” jail term.

Video evidence played in court showed Hersant raising his arm to salute in front of journalists and camera crews outside the County Court. He was captured saying, “Nearly did it—it’s illegal now” and “Australia for the white man, heil Hitler,” before walking away.

His barrister told the court the 25-year-old was a family man and, while unemployed, was a full-time carer of his two-year-old son. He argued that Hersant was a young person who was able to undergo rehabilitation, and the offending was at the lower end of seriousness and suggested a $1,500 fine would be appropriate.

However, prosecutor Daniel Gurvich KC said jail time was the only appropriate sentence for Hersant’s actions and comments which he described as “calculated” to “achieve maximum impact.”

“It has no place in Victoria,” the prosecutor said.

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The prosecutor also noted comments Hersant made to journalists prior to the hearing, when he stated “loudly and clearly” that he would continue to perform the salute away from the police.

Hersant’s prospects of rehabilitation were poor to non-existent, so a jail term was within range, Gurvich said.

‘Entitled to His Views’: Magistrate

The Magistrate agreed, finding prison was the only appropriate sentence, but made it clear that he was punishing Hersant for breaking the law rather than his extremist views.

“He’s entitled to hold those views despite how unpalatable and offensive they are to others,” he said.

He noted there had been no guilty plea, or signs of remorse, and Hersant had relevant prior convictions.

Although allowing Hersant to be released on bail until his sentencing hearing in November, the Magistrate made the outcome clear: “My intention is to jail him—nothing changes that fact,” he said.

Going into court, Hersant said he would appeal the “anti-white and tyrannical laws,” and he was prepared to go to jail for his beliefs.

Backlash Threatens Restaurants’ Future

Meanwhile, NSW restaurateur Al Yazbek faces significant backlash after being charged for allegedly displaying a Nazi symbol during a pro-Palestine rally.

Yazbek, who owns four popular restaurants, including Nomad in Sydney and Melbourne, as well as Reine & La Rue in Melbourne’s CBD, has seen mass cancellations at all three venues.

Their social media pages have been filled with messages expressing disgust, and long-time diners have reportedly threatened a boycott.

A recent post by one of the restaurants about new menu items “to celebrate the new season” led one patron to ask, “Do all your dishes come with a side of anti-Semitism?”

Yazbek was arrested at an Oct. 6 rally in Sydney’s Hyde Park. Photos show him holding a yellow and green flag—the colours of Hezbollah—adorned with a Ned Kelly-like figure holding a gun and the words “the boys in green and gold will win.”

In a video taken at the rally, he can be heard saying, “Clever, huh?” and “The resistance is always evolving.”

Yazbek was one of several protesters at the event holding images that appeared to be designed to skirt laws banning symbols of terrorist groups.

He was arrested because he was also allegedly seen holding a sign with the Israeli flag altered to replace the Star of David with a swastika, and the words “Stop Nazi Israel.”

Among those critical of Yazbek on social media was former Victorian MP Marsha Thomson, who said she would boycott Yazbek’s restaurants, including Nomad in Melbourne, where she had dined “multiple times.”