White Nationalist Joel Davis Freed on Bail After Four Months in Custody
A prominent white nationalist has experienced his first day of freedom in four months after being granted bail over allegations that he harassed several female politicians. Joel Davis, aged 31, had been held on remand since his arrest in November for allegedly calling for the 'rhetorical rape' of independent Wentworth MP Allegra Spender.
Controversial Comments and Legal Battle
The parliamentarian had previously condemned the now-disbanded National Socialist Network for holding a police-authorised rally outside the New South Wales parliament in November. Davis, a key Sydney ally of the network's leader Thomas Sewell, claims he was using a 'philosophical term of art' in his post. However, prosecutors allege it encouraged hate and abuse towards Spender.
After three unsuccessful bail applications, the father-of-one escalated his fight to the New South Wales Supreme Court on Thursday. He walked free from Sydney's Long Bay Jail later that afternoon following the grant of bail. Dressed in a black shirt, shorts, and baseball cap, Davis was captured leaving the facility shortly before sunset, flanked by several supporters as he carried a box of belongings to a waiting car.
Harsh Conditions in Custody
According to court documents, Davis had been kept in segregation in jail due to his suspected political affiliations and had not been outside since December 24. The former mouthpiece only showered once every four days while in custody because he only left his cell when escorted to wash. Justice Natalie Adams noted, 'Those are unusual conditions in custody that most inmates are not experiencing.'
Davis also missed the birth of his first child while in custody and has not yet entered pleas to charges related to the alleged threats. His barrister, Sebastian De Brennan, argued that delays in the legal system meant Davis was likely to spend months—if not another year—in similar conditions if bail was not granted.
Prosecution's Concerns and Bail Conditions
Prosecutor Laura Goodwin conceded that Davis had experienced hardship beyond what might have been expected while in custody. However, she argued he should not be released into the community because he might commit serious offences or endanger the safety of individuals or the community. 'The alleged conduct has the capacity to incite others to affect the applicant's desires,' Ms Goodwin said.
She added that some messages contained references to actual desires to beat or otherwise attack, particularly including to rape certain individuals without the qualifier of 'rhetorical'. Davis also allegedly commented 'stupid b**** needs to be beaten' on an article about NSW Liberal leader Kellie Sloane and 'must rape' on an article about eSafety Commissioner Julie Inman Grant, the court was told.
Psychological Insights and Judicial Decision
Mr De Brennan told the court that while the messages might be reviled or seen as extremely unpalatable, their criminality was contested. A psychologist's report determined that while Davis still holds the controversial views expressed online, he has reflected and is on the 'precipice of change'. The network was deregistered in January, removing his platform for sharing those views.
Justice Adams noted that given Davis still held extreme political views, the major question was which bail conditions would ensure he didn't repeat his behaviour, even if he had shown insight into his past approach. 'The central hurdle to overcome in this case is that when someone has rigid views, it's hard to modify one's behaviour overnight,' she said.
Strict Bail Conditions Imposed
Justice Adams acknowledged community concern but said strict bail conditions—including that Davis not post or comment publicly on social media—would make it very difficult for him to repeat his alleged conduct. 'I am satisfied there are no unacceptable risks,' she stated.
As part of his strict bail conditions, Davis is barred from social media and using an internet-capable phone or encrypted device. He also cannot go within 100 metres of Spender or Sloane. Additionally, he must seek mental health treatment and participate in a positive lifestyle program run through the NSW Court chaplain’s association.
