Notorious white supremacist Jacob Hersant delays case to take on constitution over Nazi salute

A white supremacist charged with performing the Nazi salute outside Melbourne’s County Court has been represented by a NSW barrister, previously an associate to the Attorney-General.

An infamous white supremacist who was the first person to be charged with performing a Nazi salute in Victoria has brought in the big guns to take on Australia’s top lawmakers.

Neo-Nazi Jacob Hersant, 24, appeared in Melbourne Magistrates’ Court on February 28, ready to take on Australia’s Attorneys-General, in what he has referred to as a “constitutional argument”.

Barrister Tim Smartt, previously an associate of NSW’s Attorney-General, flew down from Sydney to represent Mr Hersant.

The court heard a notice had been forwarded to all of Attorneys-General on February 16, however none had yet responded.

Magistrate Tara Hartnett said she wanted to “set a timetable” so the matter could progress.

“It was first listed on December 8 in 2023, it has certainly developed a history,” she said.

“If a constitutional matter is pressed and the Attorney-Generals’ seek to be heard, the matter should be ventilated.”

Neo-Nazi Jacob Hersant, has flown in a top barrister from NSW after being charged with performing a banned Nazi salute outside the County Court on October 27. Picture: Nicki Connolly

Ms Hartnett said she would adjourn the matter to give the Attorneys-General time to respond, predicting the matter would eventually be referred to the High Court of Australia.

“If a constitutional issue is indeed raised, it puts the matter into a different category,” she said.

“This is a serious matter.”

Mr Smartt requested Ms Hartnett make an order obliging the Attorneys-General to respond to the notice, which she declined to do.

“The Attorney-Generals are not a party to these proceedings,” she said.

“I’m not going to make an order that they provide a response, until there is proof of service. Only then will it be a matter for the court.”

The notorious duo yelled “heil Hitler” as they avoided jail over an attack on hikers at the Cathedral Ranges State Park on May 8, 2021. Picture: Liam Beatty

Hersant performed the Nazi salute in front of media outside the County Court last October when he and Thomas Sewell, the self-proclaimed leader of the National Socialist Network, pleaded guilty over a violent clash with bushwalkers at Cathedral Range State Park in May 2021.

Three bushwalkers who filmed the men were “terrorised”, the court heard at the time.

Hersant received three days time served and was ordered to complete 200 hours of community work.

Sewell was sentenced to one month and seven days’ imprisonment, also time served.

Following the sentencing, Hersant appeared outside court, where he raised his hand in a salute, stating: “Heil Hitler”, less than a week after the Victorian Nazi salute laws came into effect.

In December, Hersant told the media he wasn’t remorseful for his offending, saying “I’m a white man, I don’t care”.

Further, he said “I am a national socialist and I heil Hitler every day.”

Ms Hartnett adjourned the matter for a half day special mention on May 9, ordering Mr Smartt to return to Melbourne to appear in person with his client.