Jacob Hersant is accused of performing a Nazi salute in October last year, just days after the Victorian government banned the gesture.
A man accused of performing an illegal Nazi salute has launched a test case on whether the charge is valid under Australia's constitution.
Defence lawyer Timothy Smartt conceded it was "very clear to everyone my client has these views" but argued his gesture was not a Nazi salute.Mr Hersant's first course of defence was to argue he did not perform the salute, with the defence claiming the angle of his hand and arm did not fit the accepted definition of a Nazi salute.
Prosecutor Daniel Gurvich came to the opposite conclusion, telling the court the comment was "effectively a submission". Representative Sarah Zeleznikow told the court Mr Hersant's alleged conduct was "at the heart" of what the legislation was written to prevent. On day two of the hearing Mr Smartt told the court he had been "quite aggressive at the start of the cross-examination but ultimately agreed "almost completely" with Dr Loeffel's definition of a Nazi salute.
Salute Hitler Neo-Nazi Jacob Hersant
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