A neo-Nazi who allegedly led a violent group attack on a First Nations protest camp in Melbourne has been greeted by protesters shouting “Nazi scum, off our streets” after being released on bail. Thomas Sewell, 32, hired a top barrister to successfully argue in the supreme court that he should be released, after failing in a previous application for bail two months ago.
After spending 72 days on remand following his arrest outside the Melbourne magistrates court on 2 September, a judge granted Sewell bail on Thursday morning. Justice James Elliott said the prosecution had failed to prove Sewell posed an unacceptable risk to the safety of the community. He must abide by several conditions, including not speaking to any of his alleged co-accused or attending Melbourne CBD. Sewell walked free from court after signing documentation to secure his release on a $20,000 surety from his fiancee.
Sewell is charged with 25 offences for two incidents in August, including allegedly leading a group attack on 31 August on a sacred First Nations site where several people were assaulted. He is accused of punching a member of Camp Sovereignty in the collarbone, kicking another occupant and discharging a missile at the camp. He is also accused of raising his fists and lunging at a man on 9 August as he and 200 others marched through Melbourne with “white man fight back” banners.
Prosecutors opposed Sewell’s bail application, citing his unacceptable risk of re-offending as the leader of a group with a “history of hate crimes and acts of violence”. Prosecutor Erik Dober said Sewell’s offending was serious as he told a group of about 30 men dressed in black “let’s get ‘em” and led them towards the camp. Sewell’s barrister, Dermot Dann KC, argued that any risk to the community could be addressed with bail conditions, and that if Sewell remained locked up until trial, he might serve more time on remand than any sentence.
Justice Elliott agreed with the defence, approving Sewell’s release on bail with conditions including a curfew from 9pm to 6am, no contact with co-accused or witnesses, no entry to Melbourne CBD except for legal or medical reasons, and a ban from going within 200 metres of King’s Domain. Among his reasons, the judge noted Sewell had stable accommodation with his fiancee and two children, and faced “extremely onerous conditions” in protection while on remand.
Sewell will return to the magistrates court for a committal mention on 9 December.
