Thomas Sewell given contested hearing over alleged role in Ballarat white supremacist rally
A Melbourne man who allegedly fronted a white supremacist rally in Ballarat will go to a three-day contested hearing after claiming the act could not be deemed criminal.
Thomas Sewell on Tuesday faced Ballarat Magistrates Court in person for the first time, despite it being the third time his matter has been heard in court.
The Melbourne man was charged with behaving in an offensive manner in a public area after allegedly leading the rally on December 3, 2023.
The 32-year-old has been representing himself, and in court on Tuesday accused Victoria Police of malicious prosecution, arguing the rally was political but not criminally offensive.
The court heard that during the rally, Mr Sewell — along with 25 masked supporters — was allegedly chanting, "white man, National Socialist Network", "non-whites should be deported" and "white man, fight back".
Mr Sewell has argued his matter is constitutional, that he has a right to political expression, and the rallies and chanting were not criminally offensive.
"I disagree with the prime minister, that doesn't make him a criminal,"
Mr Sewell said.
"This is not offensive behaviour."
A small group of masked Neo-Nazis paraded through Ballarat in 2023.
(
Supplied
)
Contested hearing
Magistrate Letizia Torres accepted that Mr Sewell had raised his constitutional concerns to all of Australia's Attorneys-General.
There has been no direction as to whether the matter will be taken away from the state and instead go to the High Court.
In the meantime, a date has been set for a three-day contested hearing in October.
The court heard eight witnesses will present evidence in the hearing.
The witnesses include two members of the public and Victoria Police members.
Hours of body-worn camera footage will also be presented to the court during the hearing.
The court also heard members of the public were "distressed and outraged" and yelled at the rally to stop, and that triple-0 calls were made regarding the march.
Mr Sewell will return to court for a mention in September.
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