Push to jail neo-Nazis again over ‘terrifying’ attack on hikers

Prosecutors say punishment for two neo-Nazi leaders over an attack on bushwalkers was “manifestly inadequate” as they push for the pair to be jailed a second time.

Prosecutors say a judge who sentenced two neo-Nazi leaders over an attack on bushwalkers was too lenient as they push for the pair to be jailed a second time.

Thomas Sewell, 31, and Jacob Hersant, 25, were last year sentenced to 37 days and three days behind bars respectively but walked free from court with time served after they admitted confronting a group of six friends hiking in the Cathedral Ranges State Park.

Sewell had already served nearly seven months in jail after he was denied bail amid concerns he would reoffend while Hersant — who was also handed a 14-month community correction order and 200 hours of community work — had three days of pre-sentence detention.

Victoria’s Director of Public Prosecutions appealed the pair’s sentences in the Court of Appeal on Friday, arguing their punishment was “manifestly inadequate” given the seriousness of their offending.

Thomas Sewell outside court.

“This must have been terrifying offending for the victims who were completely innocent, people who had attended the same place and happened to be present when they were set upon,” Chief Crown prosecutor Brendan Kissane KC told the court.

Up to 25 white supremacists, some wearing face coverings and carrying knives, confronted the group of hikers after one of them recognised neo-Nazi symbols on the men’s shirts and filmed them from inside a car in May 2021.

The men, who were members of the European Australian Movement led by Sewell and the National Socialist Network led by Hersant, kicked and punched the vehicle as they attempted to leave, breaking its windows and taking their mobile phones.

Mr Kissane said the Crown took issue with County Court sentencing judge Kellie Blair’s characterisation of the pair’s offending being on the “lower end of seriousness”.

“This was a serious example of the offence of violent disorder,” he said.

Mr Kissane also challenged Judge Blair’s finding that the pair had good prospects of rehabilitation, noting they had shown no remorse and had “entrenched” views.

Jacob Hersant outside court. Picture: Liam Beatty

He said it was open to the court to impose additional jail time and community work for Sewell.

The men, who pleaded guilty to a charge of violent disorder, were supported in court by family and sat quietly behind their high-profile lawyers — Dermot Dann KC for Sewell and Christopher Carr SC for Hersant — during the hearing.

In his submissions, Mr Dann said the appeal by the DPP was “highly questionable” and “should not have been brought at all”.

He said his client had spent 210 days on remand, much of it in “harsh” solitary confinement at Port Phillip Prison where he was denied visitors, allowed out of his cell for one hour a day and subject to Covid restrictions.

Mr Carr said Hersant had never committed a violent offence other than the current charge and he had followed court orders including the completion of 200 hours of community work.

“For a relatively young, effectively first time offender, on our submission, that is a very significant punishment and appropriately met the circumstances of this offending,” he said.

Hersant made headlines last year after he allegedly performed a Nazi salute on the steps of the County Court moments after he was sentenced over the attack on the bushwalkers.

He became the first person charged with performing the act in public with that case still before the courts.

Asked outside court how his experience in solitary confinement was, Sewell said: “Meditative”.

Hersant left court separately and refused to comment.

Appeal Justices Karin Emerton, Maree Kennedy and Christopher Boyce will hand down their decision at a later date.