Australian nationalist leader Thomas Sewell has been denied bail for at least two more days after refusing demands from a police prosecutor to distance himself from his political group and ideology.
Mr Sewell, 32, appeared in Melbourne Magistrates court on Wednesday after being being remanded in custody overnight on 25 charges related to an alleged clash with left-wing extremists in the Kings Domain after the March for Australia rally on Sunday.
The leader of political organisation White Australia was arrested outside the same court on Tuesday alongside fellow activist Nathan Bull and a third man, both of whom were granted bail.
Police prosecutor Jonathon McCarthy made a submission to Magistrate Donna Bakos that the “strongest argument” to refuse Mr Sewell bail was that he possessed “racially motivated ideologies”.
He told the court Mr Sewell was a “member of a racially motivated organisation that uses that ideology to commit offences”, and that if Mr Sewell does not “disavow” his ideology the magistrate could refuse him bail.
But Mr Sewell’s lawyer Matthew Hopkins, from Paladin Lawyers, said his client should not have to disavow his political beliefs, had an implied right to political communication under the Constitution, and said the prosecution seemed to be “upset” by Mr Sewell’s views.
He also told the court the prosecution had submitted no evidence of a racially motivated ideology, and that it was not a crime to hold political opinions.
“I do note for many, many decades in this country there was a White Australia Policy,” Mr Hopkins said.
“[There is] an implied right to defend one’s political views.
“The prosecution evidence is really intertwined with what seems to be a political attack on Mr Sewell.
“Mr Sewell is happy to accept any bail conditions that give the court comfort until he is able to vigorously defend the charges laid against him.”
Detective Senior Constable Saer Pascoe told the court the alleged National Socialist Network (NSN) attack on so-called Camp Sovereignty – an illegal squatter encampment occupied by radical anti-Australian indigenous activists – was “unprovoked”.
He also accused the NSN of having a “documented and recent history of violence incited and instructed by Thomas Sewell” who “is their leader and had complete control”.
“It’s almost certain the applicant will return to committing offences [if bailed]. There is a real and likely risk of serious injury or death,” he said.
Mr Pascoe told the court Mr Sewell was also facing charges relating to an NSN march through Melbourne earlier this month, when he fought back against a homeless man who attacked him, and offensive behaviour charges over a march through Ballarat and a protest outside the Chinese Consulate.
But Mr Hopkins said his client had been defending himself from an unprovoked assault on August 9, and said evidence would be presented that the alleged “Camp Sovereignty” clash had been provoked by violent group assaults on March for Australia rally attendees and vandalism of their cars.
He said Mr Sewell was not on bail for any violent offending, and had a history of always attending court.
Magistrate Bakos said she would rule on the bail application on Friday, and noted Mr Sewell’s request for a book.
Acting White Australia leader Jacob Hersant said his organisation was raising funds for Mr Sewell, Mr Bull and the third man arrested on Tuesday, and asked for any witnesses to assaults and vandalism by far-left activists to come forward.
“On Friday, a magistrate will decide whether Tom will be granted bail or will remain in prison,” Mr Hersant said.
“The prosecution said the only way they would consider giving Sewell bail is if he distances himself from his political beliefs and group. He will never do that.
“If this bail application is unsuccessful, we will reapply for bail at a higher court.”
In addition to charges including violent disorder, affray and assault by kicking over the indigenous camp clash, Mr Bull was also charged with “offensive behaviour” and alleged violations of the Shrine of Remembrance Act for allegedly booing the “welcome to country” at the Anzac Day Dawn Service.
Header image: Left, Mr Sewell being arrested (Nine News). Right, during the alleged incident (supplied).
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