Men Accused of Performing Nazi Salute Outside Sydney Jewish Museum Claim It Was A Joke

Three men charged with performing a Nazi salute outside a Jewish museum have told police it was a joke, with one man claiming he was mimicking a comedy sketch from Ricky Gervais.

Daniel Muston, Ryan Peter Marshall, and Anthony Raymond Mitchell were charged over their actions near the Sydney Jewish Museum in October last year. 

The trio have pleaded not guilty to knowingly displaying Nazi symbols without an excuse, and to behaving in an offensive manner in public. 

On Monday, the Downing Centre Local Court viewed a YouTube clip of comedian Ricky Gervais, which Mitchell had referenced during his police interview when discussing the salute, as reported by ABC News. 

Mitchell’s lawyer, Adrian Canceri, argued that the 32-year-old was mimicking Gervais’ performance for “artistic purposes,” which is a recognised exemption under NSW law.

However, ABC News reported Magistrate Jennifer Atkinson questioned the timing of the alleged offence, telling the court “He might have said it was a joke but why that location, why that time?”

Police prosecutor David Langton stated, “The fact it’s a joke, we don’t shy away from that.”

Additionally, Langton noted that there was a significant difference between Gervais performing the salute as part of a comedy routine and others doing so in a public setting.

Ricky Gervais’ Mock Nazi Skit Video Played In Court

In the skit, Gervais performs a mock Nazi salute and adjusts his hair to mimic Hitler, commenting,  “I do that quick so no one can take a picture of me doing that. Not a traditional subject for comedy, the old Holocaust.”

Police body-worn camera footage was also introduced into evidence in court, capturing the men’s reactions after being approached by officers.

One officer can be heard asking, “You three guys were just outside the Jewish museum giving Hitler salutes?” 

Mitchell told police the group was “talking and joking.”

In 2022, NSW Parliament introduced the Crimes Amendment (Prohibition on Display of Nazi Symbols) Bill which makes it an offense to “knowingly display a Nazi symbol by public act and without reasonable excuse.”

Nazi Symbols Banned In NSW

The offence sits under the Crimes Act 1900, and carries a maximum penalty of 12 months’ imprisonment or a $11,000 fine or both for an individual; or a fine of $55,000 for a corporation.

Attorney General Mark Speakman described the passing of the Crimes Amendment (Prohibition on Display of Nazi Symbols) Bill 2022 as a significant moment for survivors of the Holocaust and their loved ones. 

“The atrocities committed during that period are almost unimaginable, and the intergenerational trauma they have caused continues to be felt by many people today.

“This new offence sends a clear message that the display of Nazi symbols, and the hatred and bigotry they represent will not, and should not, be tolerated,” Attorney General Speakman said at the time. 

The lawyers for the three men argued that the Sieg Heil salute did not fall under the legislation, which they argued specifically addresses symbols like the swastika and Iron Cross.  “It’s only to do with symbols,” Muston’s lawyer Bryan Wrench said. “It doesn’t include a gesture”, Wrench said. 

The case is scheduled to return to court on October 24 for a ruling.