Police have alleged in court that a man charged with hate speech at a Sydney protest has connections to a now-disbanded neo-Nazi group, leading to his bail being denied. Brandan Koschel appeared virtually before the NSW Bail Division court on Tuesday, facing charges under section 93ZAA of the Crimes Act for publicly inciting hatred on the grounds of race.
Court Hears of Neo-Nazi Symbols and Allegiances
The court was informed that Koschel was wearing a black shirt featuring a 'Celtic cross', a symbol known to be associated with neo-Nazi ideologies. During his speech at the Sydney March for Australia rally, he allegedly hailed Thomas Sewell, the former leader of the National Socialist Network (NSN), a neo-Nazi group that disbanded last Sunday ahead of new legislation outlawing hate groups. Police prosecutor presented evidence suggesting Koschel was at the rally with "known members or associates" of the NSN and cited "open source information" linking him to the group.
Bail Application Rejected Amid Community Safety Concerns
Magistrate Daniel Convington refused Koschel's bail application, stating that the ideologies and comments outlined in the police facts sheet made it challenging to impose conditions that would protect the community and prevent further offences. The police prosecutor argued that no bail conditions could mitigate the risks, especially given heightened public tensions following recent events, including the Bondi terror attack.
Defence Arguments and Legal Context
Jasmine Lau, representing Koschel, contended that with the NSN disbanded, her client had no ongoing affiliation with an active group and posed no risk. She noted his limited criminal history and absence of prior hate crime records, adding that Koschel claimed the Celtic symbol was not an NSN emblem. However, the magistrate reserved his decision until midday to review the legislation under which Koschel was charged.
The charges stem from a new law passed by the Minns Government in February, introducing offences for intentionally inciting racial hatred with penalties up to two years' imprisonment. This legislation was enacted in response to incidents such as a caravan found with explosives in Dural and a series of antisemitic attacks.
Broader Police Actions and Public Safety Orders
In related developments, NSW police have issued "public safety orders" to ban certain individuals from Sydney's CBD, including on 26 January. While police did not confirm specific names, former NSN leader Jack Eltis posted on Telegram about receiving such an order. Assistant police commissioner Brett McFadden mentioned that another individual was served with an order and removed from the March for Australia event.
Since the hate speech laws took effect in August, two people have been charged, with one case subsequently withdrawn. The ongoing case highlights the legal and social challenges in addressing hate speech and extremist affiliations in public demonstrations.
