Aussie prosecutors fail to send neo-Nazis back to jail
Prosecutors in the Australian state of Victoria have lost a bid to send two neo-Nazis back to jail over a violent attack on a group of hikers in a state park.
The Office of Public Prosecutions argued County Court Judge Kellie Blair was too lenient last year when she imposed a sentence which enabled Thomas Sewell and Jacob Hersant to walk free from court.
Sewell had already spent 210 days behind bars as he waited for a violent disorder charge and an unrelated assault charge to be brought before the Victorian courts. Hersant was in custody for three days.
Thomas Sewell (left) and Jacob Hersant (right) avoided further jail time when they were sentenced in 2023. (AAP Image: James Ross)
Judge Blair sentenced Sewell and Hersant to time already served over the Cathedral Ranges State Park incident, which saw the pair join a large group of armed far-right nationalists and set upon six hikers, forcing the victims to flee.
Chief Crown prosecutor Brendan Kissane KC said the attack would have been "terrifying" and called it a "serious example of the offence of violent disorder".
But on April 30, Court of Appeal president Justice Karin Emerton said the prosecutors' appeal would be dismissed, rejecting claims Judge Blair's sentence was "manifestly inadequate" in Sewell's case.
"Not only did he serve a period of six months, but he also served that time in extremely harsh conditions," Justices Emerton, Maree Kennedy and Christopher Boyce wrote.
The appeal judges did, however, find that the County Court judge was too charitable towards Hersant, who was originally ordered to complete community work over a 14-month period.
While Sewell's legal battles are now over, Hersant remains before the courts in a separate case, with Victoria Police alleging he made an illegal Nazi salute minutes after leaving the County Court last year.
Hersant, who was the first Victorian to be charged with the offence, is fighting the charge and faces potential jail time if found guilty.
Taken from: https://www.abc.net.au/news/2024-04-23/neo-nazis-thomas-sewell-jacob-hersant-appeal-verdict/103757736
