Damien Richardson: Ex-Neighbours actor to learn fate for Nazi gesture charge
A former Australian soap star has been given a rare offer he was found guilty of performing a gesture that resembles a Nazi salute.
A former Australian TV star has been given a rare “restorative justice” offer by a magistrate after he was found guilty of performing a gesture that resembles a Nazi salute.
Damien Richardson — known to audiences for his roles including on Neighbours, Blue Heelers and McLeods’ Daughters — was captured on video throwing his right arm in the air during a political event at a McKinnon restaurant on September 14 last year.
The event was held by the National Workers Alliance, an organisation whose mission includes “Preserve Western Culture and Identity” and “Protect Family Rights & Traditions”.
During his speech to the crowd, Richardson acknowledged there were members of the neo-Nazi group, The National Socialist Network, in attendance.
The 56-year-old was found guilty after a three-day hearing in the Moorabbin Magistrates Court last month of performing a gesture that could be confused with a Nazi salute, but was not a Nazi salute.
Richardson returned to court on Thursday morning as prosecutor Nicholas La Mattina and his lawyer Peter Monagle began making submissions on the ultimate sentence.
The maximum penalty for the offence is 120 penalty units, 12 months’ imprisonment or both.
Mr La Mattina gave two examples of sentences previously imposed for the same charge; a 12-month adjourned undertaking with “cultural awareness training” for seven men who performed the gesture at a beer garden in Geelong, and the 1-month jail sentence imposed on avowed neo-Nazi Jacob Hersant for doing the gesture in front of journalists outside court.
Hersant is appealing his conviction and sentence, with a decision expected to be handed down on December 19.
Mr Monagle submitted his client’s act was “a kind of spur of the moment thing” and said there had been significant consequences for Richardson since.
This included losing his NDIS accreditation, media attention and bills plastered in Richardson’s suburb labelling him a Nazi.
Mr Monagle said his client’s “salute was done in a satirical go at The Age” newspaper, after it allegedly suggested he held Nazi ideology in a report about his political activism relating to logging in Traralgon.
He argued Richardson was enraged by the piece because of his grandfather’s World War II service, and that he did not have any “neo-Nazi or fascist underlying motive”.
Magistrate Justin Foster interrupted Mr Monagle, saying all he had spoken about was the impact on his client, not on the Jewish community in Australia.
“There’s been a massive failure of leadership in this country in regard of protecting the Jewish community,” he said.
“One can only imagine what they think now after the rubbish they’ve had to put up with over the last two years.”
Mr Monagle said it not Richardson’s intent - then or now - to hurt the Jewish community.
Mr Foster questioned why Richardson hadn’t come to court with a plan on how to make amends with the Jewish community and learn from the experience.
On request from Mr Mongale, he adjourned the matter to give Richardson time to contact the Executive Council of Australian Jewry to see if they would be willing and able to put together a program for Richardson to undertake.
“That might be the best way forward with some restorative justice,” he said.
“If it’s not agreed to, well there are other options on the table.”
Richardson had pleaded not guilty, arguing the gesture was “theatre” during a paid gig — with performance being a lawful excuse.
This was labelled a “weak excuse” by Mr Foster who said; “There was no way it could have been misconstrued as something else”.
In the video, Richardson complained about an article published by The Age newspaper he claimed “likened” him to Adolf Hitler due to his views.
“Yep that guy, am I allowed do do that?” Richardson said performing the gesture to cheers and claps from the crowd.
“Or am I going be fined now or am I going to go to jail for five years?”
Mr Foster found the gesture was “a mocking gesture” and Richardson was clearly trying to make a point.
“It was trying to demonstrate that he clearly wasn’t Adolf Hitler, he wasn’t a Nazi,” he said.
After retiring from acting in 2021, Richardson unsuccessfully stood as a candidate in both the 2022 Australian federal election and the Victorian state election the same year.
Richardson will return to court on December 19.
Originally published as Damien Richardson: Ex-Neighbours actor to learn fate for Nazi gesture charge
