Latest news with #SydneyJewishMuseum
Perth Now
21 minutes ago
- Entertainment
- Perth Now
Appeal success for Nazi salutes outside Jewish museum
A man who performed a Nazi salute near a Jewish museum and then claimed he was copying comedian Ricky Gervais has had his conviction and fine wiped away. Anthony Raymond Mitchell, 33, performed a Nazi salute and goose-step with two co-workers near the Sydney Jewish Museum in October 2023. The salute, seen on the museum's CCTV by a security guard, came days after Hamas militants killed 1200 Israelis and took hundreds more hostage in southern Israel, sparking the latest outbreak of war in Gaza. At the time, the construction workers were on their lunch break and walking back to their van. When interviewed by police, Mitchell said he was mimicking a Netflix performance and realised "those who were not familiar with the Ricky Gervais skit could take the actions in a certain way". Mitchell and his co-workers each argued the gestures were a joke but were found guilty of offensive behaviour and knowingly displaying Nazi symbols without excuse by a magistrate in October. The case tested laws prohibiting the display of Nazi symbols, introduced by the NSW parliament in 2022 and carrying a maximum penalty of 12 months' jail, an $11,000 fine or both. Re-running the case in the District Court on appeal, the trio's lawyers argued that the gestures should not fall within the definition of displaying a Nazi symbol. But that was rejected by Judge Craig Smith on Friday. "They are immediately recognised as being associated with that regime and period of history," he said in the Downing Centre court. There was no reasonable excuse for the trio's actions to be performed outside the museum, he said. While the new law allowed the Nazi symbol to be displayed for academic, educational, artistic or other public interest purposes, the tradies' actions were "nothing of the sort," Judge Smith said. Lawyer Bryan Wrench, representing one of Mitchell's co-workers Daniel Muston, told the court that the actions occurred within a split second, and were not planned. "There is no Nazi ideology behind this," he said. Muston, 42, had completed a tour of the museum since his conviction in an attempt to educate himself on Jewish culture and history, Mr Wrench said. Judge Smith accepted Mitchell, Muston and the third man - Ryan Peter Marshall, 31 - did not have any connection with the hateful ideologies underlying the Nazi party. But he upheld a magistrate's guilty findings against all three men and the decision to record a conviction against Marshall and Muston. Mitchell's conviction was however scrubbed from his record with the judge accepting he did not know he was outside the Jewish museum, unlike his co-workers. "I've been persuaded to a different position for Mr Mitchell," Judge Smith said. Mitchell was handed a nine-month good behaviour bond in place of the conviction. The judge also reduced Muston's fine from $1000 to $500, labelling it as "excessive". The original $1500 fine for Marshall, the instigator of the salutes, was kept in place. The judgment follows the arrest of two men in February for unfurling a Nazi flag at a pub near the Sydney Jewish museum, and the jailing in November of a far-right extremist and self-proclaimed "Hitler soldier" in Melbourne.
Perth Now
2 hours ago
- Entertainment
- Perth Now
Man's win after bizarre Nazi salute claim
A man who argued he was merely copying a performance by comedian Ricky Gervais when he performed a Nazi salute outside a Jewish museum has won his bid to overturn the conviction. Ryan Marshall, Anthony Mitchell and Daniel Muston were last October convicted of performing a Nazi salute outside the Sydney Jewish Museum in October of 2023. The trio, working nearby the museum, were on their way back to their work van when they performed Nazi salutes and a goose step one after the other. Daniel Muston was convicted of performing the Nazi salute outside a Jewish museum in Sydney. NewsWire / Simon Bullard Credit: News Corp Australia Ryan Marshall was also convicted of performing a Nazi salute. NewsWire / Gaye Gerard Credit: News Corp Australia Marshall, Muston and Mr Mitchell were each convicted and handed down respective fines of $1500, $1000 and $500. All three men appealed their convictions in Sydney's District Court on Friday, the group arguing their actions couldn't be constituted or characterised as a Nazi symbol under the public act. 'Put differently, the issue is whether as a matter of statutory construction the gesture is capable of amounting to a Nazi symbol,' Judge Craig Smith SC told the court on Friday morning. However, the prosecution argued there was 'no basis and it was artificial to limit the definition of a symbol to a tangible object'. Mr Mitchell's lawyer's further argued their client was repeating, reciting or mimicking part of a performance by popular English comedian Ricky Gervais. Anthony Mitchell's conviction was overturned. NewsWire / Nikki Short Credit: News Corp Australia Mr Mitchell's lawyers argued he was copying a Ricky Gervais skit. odd Antony/NBC/NBCU Photo Bank via Getty Images. Credit: Supplied They argued Mr Mitchell's intent was not subjectively malicious. 'It was submitted that if Mr Gervais' performance was artistic, and the appellant was copying the artistic performance, that what the appellant did (had artistic purpose),' Judge Smith said. The prosecution submitted Mr Gervais' performance was before an audience, in a theatre, and had a particular context, while what Mr Mitchell did was not reasonable or in good faith as part of an artistic performance. Therefore, there was no reasonable excuse for his actions. Anthony Mitchell has had his conviction for performing a Nazi salute outside a Jewish museum overturned after his lawyers argued he was copying a Ricky Gervais skit and held no hateful ideologies. Turning to Mr Mitchell's argument of artistic expression, Judge Smith said a Nazi symbol during a lecture might reasonably be seen as for academic purposes and similarly during a performance for artistic purposes. 'What (Mitchell) did was not an expression of artistic purpose, it was repeating the expression of someone else's arguably artistic purpose,' Judge Smith said. 'The facts and circumstances here are a good distance from that which is excusable. 'I respectfully fail to see how … what he did could possibly be characterised as being done for an artistic purpose.' Judge Smith initially dismissed each of the men's appeals; however, he was later 'persuaded' to overturn Mitchell's. Lawyers on behalf of Mr Mitchell and Muston challenged the severity of their sentences after Judge Smith ruled to throw out their appeals, with Mitchell's lawyer arguing his client was simply copying Mr Gervais' skit and had no ties or intent related to the Nazi party. The court was also told Mr Mitchell didn't know he was outside the Sydney Jewish Museum at the time while Muston did. 'The conduct occurred over one second…it was really one second,' Mr Mitchell's lawyer told the court. 'It was definitely not intended to be seen by anyone other than the co-offenders. Importantly, the conduct was not viewed by any member of the public…it was viewed by someone from the museum who was looking at a screen. Muston was represented by Bryan Wrench while attempting to overturn his conviction. NewsWire / Nikki Short Credit: News Corp Australia His fine was reduced from $1000 to $500 on Friday. NewsWire / Nikki Short Credit: News Corp Australia 'My submission is that the conduct of Mr Mitchell falls at the very bottom of the range in objective seriousness.' Judge Smith told the court that he was 'persuaded' to a different position in respect of Mr Mitchell, allowing the appeal and thus quashing his conviction. Muston's lawyer, Bryan Wrench, argued his client had no Nazi ideology, had expressed regret, and that he'd participated in a tour at the Jewish museum which made him appreciate the seriousness of the actions. Judge Smith didn't consider it appropriate to overturn Muston's conviction; however, he did reduce his fine from $1000 to $500, calling the initial figure 'excessive'. No severity appeal was entered on Marshall's behalf. Judge Smith emphasised the offences were to be taken 'very seriously' by courts. 'The display of Nazi symbols will not be tolerated and will be dealt with sternly by the courts,' Judge Smith said. Marshall had a cigarette hanging outside his mouth as he walked outside the Downing Centre on Friday, pausing for a moment to pose for the cameras after his win. Asked how he was feeling, he told reporters 'it is what it is', telling them to 'have a good day'. The court was earlier told there didn't appear to be any hateful ideology behind the men's' actions.
ABC News
27-05-2025
- General
- ABC News
Australian Holocaust survivor saved by gas chamber malfunction dies aged 98
Australian Holocaust survivor Yvonne Engelman, who survived the horrors of the Nazi concentration camp Auschwitz, has died aged 98. Yvonne died peacefully, after a short illness, surrounded by her children, grandchildren and great-grandchildren. Funeral service attendees overfilled the chapel, pouring out onto the street to celebrate her life on Monday night. The founding member of the Sydney Jewish Museum was remembered for her fight to stand up for what is right in the face of adversity. Every week for the past 32 years, Mrs Engelman volunteered at the Sydney Jewish Museum to share her story to thousands. Her mission: "So it will never happen again". Mrs Engelman was born in 1927, in Dovhe, a farming village in Czechoslovakia, where her family lived for many generations. In 1944, the teenager, an only child, and her parents were taken to Auschwitz-Birkenau concentration camp in Poland, after being rounded up with other Jews in Czechoslovakia. She promised her father that she would survive, a story she shared with the world over the years. "My father said to me, 'I don't know where we are going, but I'm sure it's not a holiday,'" she said. "'You have to promise me one thing: that you will survive.' I said, 'Of course I will survive.' "They went to the left and I went to the right, and that was the last time I saw my parents." Yvonne was the only member of her family to survive. The 14-year-old had her head shaved and was stripped of her clothing before she was ushered into a room with showers, where she was locked up all day and night. But the gas was malfunctioning, forcing her capturers to put her to work, Mrs Engelman said. "We worked 10 hours daily with a great fear that maybe we would be the next [gas chamber] victims," she said. Auschwitz left its mark as one of the most infamous camps of the Holocaust, killing 1.1 million Jews of the six million who were murdered by Nazis in German-occupied Europe. She said she was sent to work in a factory in Germany as allies crept closer to victory. Once the war was over, Mrs Engelman made the decision to move to a country sponsoring orphans. "I had a look at the map, I wanted to get away as far as I possibly can from Europe, so I chose Australia." In 1949, in Sydney, Yvonne married another Holocaust survivor, John Engelman. Theirs was the first Holocaust survivors wedding to take place in Australia. Yvonne was described by friends as someone who "lived life as a celebration". She was grateful for everything, with a strong will and resolute spirit, her colleagues from the Sydney Jewish Museum said. "She treasured her family and they treasured her; she was their centre and their heart." Yvonne leaves a unique legacy, having inspired countless people of all ages and faiths with a message of tolerance and resilience.
Sydney Morning Herald
28-04-2025
- Entertainment
- Sydney Morning Herald
These works by Sidney Nolan have never been displayed. Now they're heading to Melbourne
'How can a disease be painted?' Sidney Nolan wrote these words in his diary in 1961, in the wake of the trial of Adolf Eichmann, the mastermind behind the railway system that fed people to Auschwitz and the other Nazi death camps. Nolan's attempts at answering this question form Aftershocks: Nolan and the Holocaust, a new exhibition at the Melbourne Holocaust Museum. Nolan, one of Australia's most renowned modernist painters, had been commissioned to illustrate an article about the Holocaust. He visited Auschwitz in 1962, but had such a visceral reaction to the place that he withdrew from the commission. Nevertheless, he went on to create over 200 paintings on the subject, most of which were filed away, not sold or exhibited. Dr Breann Fallon, the Holocaust Museum's Head of Experience and Learning and co-curator of Aftershocks, speculates that Nolan couldn't bring himself to profit from the subject. 'They were never designed to be displayed,' says Fallon. 'Is it art-making, or is it a diary? We'll never know.' Much of this work was exhibited at the Sydney Jewish Museum first, but it has been reconfigured for the Melbourne Holocaust Museum. Several are from private collections, and the series of paintings based on Ravensbrück women's camp have never been seen on public display. The amount of work Nolan produced about the Holocaust may surprise people. The work in this show is less than a quarter of it. 'We entertained other names for the exhibition, and Obsessed was one of them,' says Fallon. 'People will be shocked to know this has been sitting in the background of his catalogue. He's so known for his Kelly series, and his desert works, but this is a different side to his psyche. I don't think you can look at any of his other works the same way after knowing he created this series.'
The Age
28-04-2025
- Entertainment
- The Age
These works by Sidney Nolan have never been displayed. Now they're heading to Melbourne
'How can a disease be painted?' Sidney Nolan wrote these words in his diary in 1961, in the wake of the trial of Adolf Eichmann, the mastermind behind the railway system that fed people to Auschwitz and the other Nazi death camps. Nolan's attempts at answering this question form Aftershocks: Nolan and the Holocaust, a new exhibition at the Melbourne Holocaust Museum. Nolan, one of Australia's most renowned modernist painters, had been commissioned to illustrate an article about the Holocaust. He visited Auschwitz in 1962, but had such a visceral reaction to the place that he withdrew from the commission. Nevertheless, he went on to create over 200 paintings on the subject, most of which were filed away, not sold or exhibited. Dr Breann Fallon, the Holocaust Museum's Head of Experience and Learning and co-curator of Aftershocks, speculates that Nolan couldn't bring himself to profit from the subject. 'They were never designed to be displayed,' says Fallon. 'Is it art-making, or is it a diary? We'll never know.' Much of this work was exhibited at the Sydney Jewish Museum first, but it has been reconfigured for the Melbourne Holocaust Museum. Several are from private collections, and the series of paintings based on Ravensbrück women's camp have never been seen on public display. The amount of work Nolan produced about the Holocaust may surprise people. The work in this show is less than a quarter of it. 'We entertained other names for the exhibition, and Obsessed was one of them,' says Fallon. 'People will be shocked to know this has been sitting in the background of his catalogue. He's so known for his Kelly series, and his desert works, but this is a different side to his psyche. I don't think you can look at any of his other works the same way after knowing he created this series.'
