Neo-Nazi Thomas Sewell seeks legal costs after Adelaide Australia Day loitering charge dropped in court

The Victorian leader of the National Socialist Network is no longer charged over a Survival Day protest in Adelaide – and now wants his legal fees paid for.

A Victorian neo-Nazi is no longer accused of disrupting a peaceful Survival Day protest in Adelaide’s CBD, with taxpayers now facing the possibility of paying his legal costs.

National Socialist Network leader Thomas Sewell, 31, faced the Adelaide Magistrates Court on Thursday via telephone from Melbourne where one count of loitering was withdrawn.

He is still facing an allegation of breaching bail, stemming from his arrest at an Australia Day protest this year.

Matthew Hopkins, for Mr Sewell, told the court his client would be seeking indemnity costs from the prosecution at a later date – submitting he, and 14 other NSN members, were “targeted pre-emptively” on January 26.

“This prosecution is a political prosecution,” Mr Hopkins said. “The charges were brought about for an improper purpose.

Mr Sewell speaks to media outside the Adelaide Magistrates Court. Picture: Emma Brasier

“These guys were politically gathered, politically demonstrating, on Australia Day – a significant public holiday. There was no disruption of that Survival Day march.

“The 30-or-so members of this political organisation were targeted pre-emptively to disrupt their peaceful assembly.

“There’s been significant delays — I think this is the fourth pre-trial conference, there’s been hearings and bail applications.”

Indemnity costs require one side to pay for all, or most, of the other party’s legal expenses, often as a penalty for “unreasonable conduct”.

Sewell was one of 15 people who faced court after being arrested for allegedly disrupting peaceful and prearranged marches on Australia Day earlier this year.

The group was arrested the day after a five-month Advertiser undercover investigation revealed the NSN intended to hold a three-day national conference in Adelaide.

That same investigation revealed the NSN was trying to start a commune as part of their “mission” to “save” the white European race from extinction.

Some of the group no longer face charges.

On Thursday, Mr Hopkins told the court he hadn’t yet “had an opportunity to prepare a costs argument” – and asked for the matter to be adjourned.

“We were notified only a short while ago that they would drop the charges even though the prosecution had previously indicated that these charges would be withdrawn – and then they decided to continue them with significant delays,” he said.

“It’s been quite a significant amount of work – it’s a high-profile case, there’s been plenty of media attention.

“We have attempted to negotiate with the prosecution (but) there’s been lengthy delays.”

Magistrate John Clover adjourned the matter and told Mr Hopkins to provide an outline of argument for his application for indemnity costs at least two weeks prior to the next appearance.

He also ordered the prosecution to file its response to the argument at least one week before the appearance.

Mr Sewell was remanded on continuing bail and will return to court in August, amid allegations he breached that bail in May.

His indemnity costs hearing was adjourned to September.

Originally published as Neo-Nazi Thomas Sewell seeks legal costs after Adelaide Australia Day loitering charge dropped in court