Racism concerns ‘can’t be ignored’ despite Artem Vasilyev’s terror acquittal, judge says

A psychological report into a Defence Department worker who was acquitted of terrorism didn’t take into account his known extremist views, a judge says.

A Defence Department worker’s acquittal on a terrorism charge does not mean his “massive” hoard of white supremacist material can be “ignored” when sentencing him for printing his own guns, a judge says.

On Thursday, Supreme Court Justice Sandi McDonald expressed concern over the handling of Artem Vasilyev’s case, after he was found not guilty of plotting to destroy a power station.

She said Vasilyev’s counsel had tendered a psychological report, deeming their client no risk to the community.

However, she said the author of that report had specified they “deliberately didn’t” consider his known extremist views, even though they were evidence in the trial.

“He was entitled to his acquittal, but that material was still found in his possession and relates to the firearms … I’m concerned the report does not consider that,” she said.

Artem Vasilyev’s acquittal on a terrorism charge does not mean his “massive” hoard of white supremacist material can be “ignored” when sentencing him for printing his own guns, a judge says. Picture: University of Adelaide.

“He was acquitted on a very specific basis (that he did not target the station) … you can’t divorce his other ‘interests’ from the firearms, they don’t sit in isolation.

“In terms of the risk he poses to the community, you can’t just ignore the fact he had such a massive hoard of white supremacist material, and material relating to explosives and bombs.

“Everyone seems to be ignoring that now, and it doesn’t go away.”

Vasilyev, 27, of Findon, pleaded guilty to 22 firearms offences but not guilty to committing other acts done in preparation for, or planning, a terrorist act.

The firearms charges related to weapons, both commercially-made and 3D-printed, seized from his home during a police raid.

Vasilyev repeatedly denied allegations he was a white nationalist terrorist bent on blowing up a power station, and was acquitted by a jury after three days of deliberations.

Vasilyev was acquitted on a terrorism charge by a jury.

On Thursday, Scott Henchliffe KC, for Vasilyev, said his Russian-born client had created the guns out of “intellectual curiosity”, owing to his “lifelong fascination” with firearms.

He said the 3D printer was originally bought to create a “surgical glove” that moved in response to “brain signals” as part of university studies into “stroke recovery”.

“He was not intending to make 18 guns, he was making one … the other 17 represent the by-products of the trial-and-error process,” he said.

Mr Henchliffe said he understood Justice McDonald’s concerns, and would consider seeking a further report, but argued it would be “an error” to “put weight” on Vasilyev’s political views.

“It’s my submission he poses no, or at least very little, risk to the community,” he said.

“He did not appreciate the wrongness and danger of what he was doing, nor the risk to the community … he has since become alive to those issues.”

He asked the court to fashion a sentence that would allow Vasilyev, who has been in custody since his arrest, to apply immediately for parole.

Prosecutors said Vasilyev should have known the danger his conduct posed, given his job and “intimate knowledge” of defence issues facing Australia.

They agreed the firearms should not be considered “in a vacuum” and it would “not contravene” the acquittal to use his extremist views in sentence.

Justice McDonald remanded Vasilyev in custody for sentencing on a date to be set