Key Takeaways:
- A man named Brandan Koschel has been charged under hate speech laws for allegedly making antisemitic comments at an anti-immigration rally in Sydney.
- Koschel has been refused bail and remanded in custody due to concerns about his potential links to a disbanded neo-Nazi group, the National Socialist Network (NSN).
- The court heard that Koschel was wearing a neo-Nazi symbol and allegedly hailed the former leader of the NSN during his speech.
- The new hate speech laws, which were introduced in response to a rise in antisemitic incidents, carry a maximum penalty of two years’ imprisonment.
- The police have issued public safety orders to prevent certain individuals, including former NSN members, from attending events in the Sydney CBD.
Introduction to the Case
The case of Brandan Koschel, a man charged under hate speech laws for allegedly making antisemitic comments at an anti-immigration rally in Sydney, has sparked concerns about the potential links to a disbanded neo-Nazi group, the National Socialist Network (NSN). Koschel appeared before the NSW bail division court on Tuesday, where he was refused bail and remanded in custody. The court heard that police have alleged in their preliminary investigation that Koschel was at the rally with "known members or associates" of the NSN, and that there was "open source information" suggesting he may have been a member of the group.
The Alleged Offence
The alleged offence took place during a speech at the Sydney March for Australia rally, where Koschel allegedly made a series of antisemitic comments to a crowd. The court heard that he was wearing a black shirt with a "Celtic cross", a known neo-Nazi symbol, and that he hailed Thomas Sewell, the former leader of the NSN, as well as "white Australia". He also allegedly called for another figure, Joel Davis, who has been remanded in custody for allegedly sending a threatening message about independent MP Allegra Spender, to be freed from jail. The police prosecutor argued that the speech was performed in front of "several hundred" people and was live-streamed, posing an "unacceptable risk of endangering the community".
The Bail Application
Koschel’s lawyer, Jasmine Lau, argued that her client should receive bail because he had a limited criminal history and no prior records of perpetrating a hate crime. She said that Koschel had told her the Celtic symbol on his shirt was not an "NSN symbol" and that he had attended the event alone and did not speak with anyone else. However, the police prosecutor argued that no bail conditions could mitigate the risks, citing the potential for Koschel to commit a serious offence. Magistrate Daniel Convington reserved his decision on whether to grant Koschel bail, stating that he needed to carefully read the legislation that Koschel was charged under.
The New Hate Speech Laws
The new hate speech laws, which were introduced in response to a rise in antisemitic incidents, carry a maximum penalty of two years’ imprisonment. The laws were passed through parliament by the Minns government last February, following a spate of antisemitic graffiti and arson attacks. Two people were charged within the first three and a half months after the laws were put in place in August, although one had their charges withdrawn. The laws have been controversial, with some arguing that they infringe on freedom of speech. However, the police and government argue that they are necessary to protect the community from hate speech and violence.
The Disbanded Neo-Nazi Group
The National Socialist Network (NSN) was a neo-Nazi group that was disbanded last Sunday, ahead of legislation that outlaws hate groups passing federal parliament. The group’s former leader, Thomas Sewell, was hailed by Koschel during his speech, and the court heard that Koschel may have been a member of the group. The police have issued public safety orders to prevent certain individuals, including former NSN members, from attending events in the Sydney CBD. Former NSW leader of the NSN, Jack Eltis, posted to his Telegram channel that he had been issued an order, and Assistant Police Commissioner Brett McFadden confirmed that another individual had been served with a public safety order and removed from the March for Australia event.
